G.P.Rani Welson vs The Regional Transport Authority on 23 November, 2018

[Cites 1, Cited by 1]

Madras High Court

G.P.Rani Welson vs The Regional Transport Authority on 23 November, 2018

Bench: G.R.Swaminathan

                                                         1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 23.11.2018

                                                    CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          WP(MD)No.22943 of 2018
                                                  and
                                          WMP(MD)No.20837 of 2018

                      G.P.Rani Welson                                         ... Petitioner

                                                        Vs.

                      The Regional Transport Authority,
                      Nagercoil, Kanyakumari District.                       ... Respondent


                      Prayer : Writ Petition is filed under Article 226 of the Constitution of
                      India, to issue a Writ of Mandamus, to direct the respondent herein
                      to permit the petitioner's Minis Bus TN 74 R 9900 to operating to
                      Anna Bus stand as per the petitioner's representation dated
                      12.10.2018, while ply on the route Pandarathoopu Junction to Anna
                      Stadium within the time stipulated by this Court.


                                  For Petitioner          : Mr.H.Velavadhas


                                  For Respondents         : Mr.K.Mu.Muthu,
                                                            Addl., Government Pleader




http://www.judis.nic.in
                                                      2

                                                   ORDER

The petitioner is a mini bus operator. She is operating her mini bus from Pandarathoopu to Anna Stadium. The case of the petitioner is that Anna Stadium has been declared as “no parking” area. Therefore, the petitioner is unable to ply her vehicle from Anna Stadium. Many persons like the petitioner have made a similar complaint to the authorities and the Regional Transport Officer, Nagercoil has addressed the police as well as other authorities in this regard. The copy of the communication dated 11.09.2018 is enclosed in the typed set of papers.

2.The petitioner invokes Rule 245(12)(i) of the Tamil Nadu Motor Vehicles Rules, 1989 which reads as under :

“Rule 245 (12) (i) : When a public stand within the limits of a local authority has been notified by the Regional Transport Authority, any public service vehicle of that class for which the stand is intended shall make use of that stand for purposes of stationing the vehicle for picking up or setting down passengers.” http://www.judis.nic.in 3

3.Invoking the said statutory provision, the petitioner has given representations dated 05.09.2018 and 12.10.2018. The respondent is yet to take a call in the matter. Therefore, this Court directs the respondent to consider the petitioner's representations and pass orders in accordance with law within a period of three weeks from the date of receipt of a copy of this order.

4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

23.11.2018 Skm To The Regional Transport Authority, Nagercoil, Kanyakumari District. http://www.judis.nic.in 4 G.R.SWAMINATHAN, J.

Skm WP(MD)No.22943 of 2018 and WMP(MD)No.20837 of 2018 23.11.2018 http://www.judis.nic.in

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