High CourtsSingle Bench(2019) 06 MAD CK 0023

K.R. Transports & Others vs Regional Transport Authority & Others

Madras High Court · Decided on 11 June 2019

HON’BLE JUDGES
M. Dhandapani, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition No. 29270, 29347 Of 2008

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Judgment

8 paragraphs · 428 words

M. Dhandapani, J

1.

The petitioner in both the writ petitions are one and the same and hence, both the writ petitions are heard together and a common order is passed.

2.

The case of the petitioner is that the petitioner is a stage carriage operator in Coimbatore District and operating a stage carriage bearing Registration No.TN41 M 3333 in Pollachi Region on the route Pollachi Bus Stand to Nagoor via Vadakkipalayam, which is a town service route namely, route No.30 issued more than three decades ago, more precisely in the year 1972. The entire route is 20 km and on the said entire route the vehicle is performing 14 singles and 2 shuttle trips in between Pollachi and S.Kumarapalayam. Nagoor lies adjacent to Kerala State border and the next habitation area after Nagoor is Nadupunni which lies in Kerala State.

3.

It is the petitioner's further case that the third respondent all of a sudden started to operate a vehicle on the route from Pollachi Bus Stand to Nadupunni on the very same time when the petitioner operates his vehicle. Hence, the petitioner made representation and complaint before the concerned competent Authority and since no action was taken on his representation and complaint, the petitioner has filed these writ petitions.

4.

Though the petitioner has sought for a larger relief in these petitions, the learned counsel appearing for the petitioner would submit that it would suffice, if this Court issues a direction to the first respondent to conduct adjudication in respect of the route operated by the Transport Corporation without any permit after hearing the petitioner and Transport Corporation and to pass appropriate orders.

5.

The learned counsel appearing for the Transport Corporation concede the request made by the learned counsel appearing for the petitioner.

6.

In view of the limited request made by the learned counsel appearing for the petitioner, I am inclined to remand the matter back to the first respondent. Liberty is granted to the petitioner as well as the third respondent to file their objections and claim before the first respondent. The first respondent after issuing notice to the petitioner as well as the third respondent/ Transport Corporation and after perusing the objections and other records shall pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. Status - quo as on date is to continue, till appropriate orders are passed by the first respondent.

7.

The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are also closed.