Madras High Court
M.S.Gandhi Rajhu vs The Regional Transport Authority Cum ... on 4 August, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD)No.21192 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD)No.21192 of 2025
M.S.Gandhi Rajhu ... Petitioner
-vs-
1.The Regional Transport Authority cum District Collector,
Tiruchirapalli District, Tiruchirapalli.
2.The Regional Transport Officer,
Tiruchirapalli West, Tiruchirapalli. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to make an entry restored
the variation in the permit No.21/TRY/2021 granting four additional single from
Trichy to Manapparai, curtailment of sector from Ponnamaravathi to
Poolankurichi, curtailment of sector from Manapparai to V.Kaikatti via
Marungapuri reduction of two single from Ponnamaravathi to V. Kaikatti in
respect of the Stage Carriage bearing Registration No.TN-45-CC-9697 (since
replaced).
For Petitioner : Mr.A.C.Asaithambi
____________
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W.P.(MD)No.21192 of 2025
For Respondents : Mr.D.Ghandiraj
Special Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondents to restore the variation in Permit No.21/TRY/2021 by making an appropriate entry, granting: (i) four additional single trips from Trichy to Manapparai; (ii) curtailment of the sector from Ponnamaravathi to Poolankurichi; (iii) curtailment of the sector from Manapparai to V. Kaikatti via Marungapuri; and (iv) reduction of two single trips from Ponnamaravathi to V. Kaikatti, in respect of the Stage Carriage bearing Registration No.TN-45-CC-9697 (since replaced).
2. The learned Special Government Pleader for the respondents has produced a copy of the instructions received from the Secretary, Regional Transport Authority, Tiruchirapalli – 9, dated 04.08.2025, with reference to the writ petition, wherein it has been stated that if a request is received from the petitioner, the petitioner's request for restoring the route variations granted on 25.04.1996 will be considered in the light of the order passed by this Court in R.Srinivasan vs. State of Tamil Nadu, rep. by Secretary, Home Department ____________ Page 2 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/08/2025 08:24:41 pm ) W.P.(MD)No.21192 of 2025 and another [2003 (4) L.W. 296]. The relevant portion of the said order reads as under:-
''17. In view of the above discussions, we declare the Tamil Nadu Motor Vehicles (Special Provisions) (Cancellation of variation of conditions of permit) Act, 1996 is unconstitutional, ultra vires and void. Consequently, there will be a direction to the Regional Transport Authority concerned to permit each of the petitioners to operate their stage carriage services on the respective varied routes as per the earlier orders passed pursuant to Act 41 of 1992. Accordingly, all the writ petitions are allowed and the relief prayed in each of the writ petition is granted. No costs. Consequently, all the connected W.P.M.Ps. are closed.''
3. Recording the above submission, there shall be a direction to the petitioner to submit a fresh representation to the first respondent forthwith, enclosing a copy of the order dated 07.08.2003 passed in R.Srinivasan's case [cited supra]. The first respondent is directed to consider the petitioner's representation and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order, taking into account the aforesaid decision.
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4. The Writ Petition stands disposed of accordingly. No costs.
NCC : Yes / No 04.08.2025
Index : Yes / No
smn2
To:-
1.The Regional Transport Authority cum District Collector, Tiruchirapalli District, Tiruchirapalli.
2.The Regional Transport Officer, Tiruchirapalli West, Tiruchirapalli.
____________ Page 4 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/08/2025 08:24:41 pm ) W.P.(MD)No.21192 of 2025 C.SARAVANAN, J.
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