Madras High Court
A.Sathiyaraja vs The District Collector Cum on 18 February, 2019
Author: Abdul Quddhose
Bench: Abdul Quddhose
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.02.2019
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD).3596 of 2019
and
W.M.P.(MD).No.2817 of 2019
A.Sathiyaraja ... Petitioner
-vs-
1.The District Collector Cum
Regional Transport Authority,
Trichy District.
2.The Regional Transport Officer,
Srirangam,
Tiruchirappalli.
3.P.Prema ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus by directing the first and
second respondents to consider pass an order on the petitioner's
representation dated 23.06.2018 and take suitable action against the
third respondent's Mini Bus bearing Registration No.TN 45 N 0344 for
illegal operation from the Kulithalai Bus Stand as per Section 86(1)
(b) of Central Motor Vehicle Act, 1988.
For Petitioner : Mr.A.C.Asaithambi
For RR 1 & 2 : Mr.D.Muruganantham,
Additional Government Pleader
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2
ORDER
The instant writ petition has been filed for a Mandamus directing the respondents 1 and 2 to consider the representation dated 23.06.2018 made by the petitioner requesting the respondents 1 & 2 to take suitable action against the third respondent's Mini Bus bearing Registration No.TN 45 N 0344 for illegal operation from Kulithalai bus stand as per Section 86(1) (b) of Central Motor Vehicles Act, 1988.
2. It is the case of the petitioner that he is having a valid mini bus permit and is operating two mini buses bearing Registration Nos. TN 47 Y 7009 and TN 47 X 1072 plying on the route Musiri Bus Stand to Kulithalai bus stand. It is also the case of the petitioner that the third respondent, without a valid permit, is also operating her mini bus bearing Registration No.TN 45 N 0344 from Kuzhithalai bus stand which affects the interest of the petitioner. He submitted that he has given a representation dated 23.06.2018 to the first and second respondents to initiate action against the third respondent for violating the permit by operating her mini bus bearing Registration No.TN 45 N 0344 from Kuzhithalai bus stand. Since no action has http://www.judis.nic.in 3 been initiated, the petitioner has approached this Court under Article 226 of the Constitution of India.
3. Heard Mr.A.C.Asaithambi, learned counsel appearing for the petitioner and Mr.D.Muruganandham, learned Additional Government Pleader appearing for the respondents 1 and 2.
4. Since the prayer sought for in the Writ Petition is only to dispose of the petitioner's representation, no notice is necessary to be served on the third respondent. It is the case of the petitioner that the third respondent has violated the mini bus permit by operating her mini bus from Kuzhithalai bus stand. The petitioner has also given a representation dated 23.06.2018 to the first and second respondents to initiate action against the third respondent for violating her mini bus permit. It is also the case of the petitioner that if the third respondent is allowed to operate her mini bus from Kuzhithalai bus stand without a valid permit, the petitioner's business interest as a mini bus operator, having a valid permit is affected.
5. In such circumstances, the prayer sought for in the writ petition is an innocuous prayer. It will not cause prejudice to any of http://www.judis.nic.in 4 the respondents. In the result, this Court directs the first and second respondents to consider and dispose of the representation of the petitioner dated 23.06.2018 after hearing the third respondent. If the first and second respondents find that the third respondent has been operating her mini bus bearing Reg.Nos.TN 45 N 0344 without a valid permit, then they are directed to initiate legal action in accordance with law against the third respondent. The order passed on the representation dated 23.06.2018 made by the petitioner may be communicated by the first and second respondents to the petitioner as well as the third respondent.
6. With the aforesaid direction, the Writ Petition is disposed of. The petitioner is directed to give one more copy of the representation dated 23.06.2018 to the first and second respondents along with the order passed by this Court. The first and second respondents are directed to dispose of the petitioner's representation within a period of six(06) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. Consequently, connected W.M.P.(MD).No.2817 of 2019 is closed.
18.02.2019
http://www.judis.nic.in
5
Index : Yes/No
Internet: Yes/No
sts
To:
1.The District Collector Cum
Regional Transport Authority,
Trichy District.
2.The Regional Transport Officer,
Srirangam,
Tiruchirappalli.
http://www.judis.nic.in
6
ABDUL QUDDHOSE, J.,
sts
Order made in
W.P.(MD).3596 of 2019
18.02.2019
http://www.judis.nic.in