Madras High Court
Kvk Brothers Transports vs The Secretary on 11 April, 2022
Author: V.M.Velumani
Bench: V.M.Velumani
W.P.No.87 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2022
CORAM
THE HON'BLE MS.JUSTICE V.M.VELUMANI
W.P.No.87 of 2022
KVK Brothers Transports,
Represented by its Managing Partner S.Gnanambal,
76, Vellalar Street,
Venkatesa Colony,
Pollachi,
Coimbatore District. ...Petitioner
Vs
1.The Secretary,
Regional Transport Authority,
Pollachi, Coimbatore District.
2.The Regional Transport Authority,
Pollachi Region at Coimbatore. ... Respondents
Prayer Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of Writ of Mandamus, directing the respondents herein
to restore the variation of route granted in R.No.56633/A3/95 dated 06.02.1996
to ply on the route Pollachi to Coimbatore as directed by the Division Bench of
this Court in a batch of Writ Petition in WP.Nos.23854 of 2002 etc dated
07.08.2003 (reported in 2003 (4) CTC Page 12).
For Petitioner : Mr.K.Hariharan
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.87 of 2022
For Respondents : Mr.T.K.Saravanan
Government Advocate
ORDER
The petitioner has come out with the present Writ Petition for a direction to the respondents to restore the variation of route granted in R.No.56633/A3/95 dated 06.02.1996.
2.The petitioner is holding a stage carriage bus permit issued by the respondents for the route Pollachi Bus Stand to Kinathukadavu (Route No.25) for the vehicle bearing number TN-38/AC-6066. The said permit is valid up to 22.01.2025. In the year 1995, the petitioner applied for variation of permit conditions by extending the route up to Coimbatore. The 2nd respondent by proceedings dated 06.02.1996, granted variation to operate the bus No. TN- 60/A-4545 in the route from Pollachi to Coimbatore. The 1st respondent also fixed the timings for varied route on 17.04.1996. While so, the Government of Tamil Nadu passed an Act 19 of 1996, whereby all the variations granted in the Government of Tamilnadu between January to May 1996 were cancelled. Pursuant to the said Act, the 2nd respondent directed the petitioner to operate the bus on the original route. In the meanwhile, the validity of the Act 19 of 1996 2/8 https://www.mhc.tn.gov.in/judis W.P.No.87 of 2022 was under challenge by various permit holders by way of batch of Writ Petition Nos.23854 of 2002 etc batch. The said Writ Petitions were decided by the Hon'ble Division Bench of this Court by order dated 07.08.2003 and declared that the Act 19 of 1996 is ultravires and void and also issued direction to the concerned Regional Transport Authorities to permit each of the permit holders to operate stage carriage services on the respective varied routes as per the earlier orders passed pursuant to Act 41 of 1992. In such circumstances, the petitioner gave a representation on 06.03.2013 to the respondents for permission to operate the bus as per the varied route permission up to Coimbatore. The respondents have not passed any order from the year 2013 and hence, the petitioner has come out with the present Writ Petition.
3.The learned counsel appearing for the petitioner submitted that as per the order passed by the Hon'ble Division Bench of this Court in batch of Writ Petitions in W.P.No.23854 of 2002 etc., dated 07.08.2003, the petitioner is entitled to operate the bus up to Coimbatore and he relied on the order of this Court dated 22.11.2021 made in W.P.No.19638 of 2021.
4.The respondents filed counter affidavit. Mr.T.K.Saravanan, learned 3/8 https://www.mhc.tn.gov.in/judis W.P.No.87 of 2022 Government Advocate appearing for the respondents submitted that the Hon'ble Division Bench of this Court declared the Act 19 of 1996 as ultravires and held that varied permit holders are entitled to operate the bus as per the earlier varied route permit. The said order was passed on 07.08.2003. The petitioner did not operate the bus in the varied route and continued to operate the bus from Pollachi to Kinathukadavu as town bus service and he waived his right to operate bus as stage carriage in the varied route. Now the circumstances have totally changed. No permit is granted to the private operators and only the State Government undertakings are granted permit except Mini Bus Operator and therefore representation of the petitioner could not be considered. If the petitioner has any grievance, he shall apply afresh for new permit as per Section 80 (3) of the Motor Vehicles Act, 1988.
5.The learned Government Advocate further submitted that the route variation/new permit cannot be granted, as Coimbatore District is covered by a scheme wherein the State Government undertakings alone have been granted permit to ply their vehicles. The petitioner is now trying to convert the Town Bus Service vehicle into Moffusil Service. Hence, the petitioner is not entitled 4/8 https://www.mhc.tn.gov.in/judis W.P.No.87 of 2022 for the relief sought for and prayed for dismissal of the Writ Petition.
6.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents and perused the materials available on record.
7.Originally, the petitioner was possessing permit to operate the bus from Pollachi to Kinathukadavu. On his application, varied route permit was granted to the petitioner by proceedings dated 06.02.1996, permitting him to operate the bus from Pollachi to Coimbatore. While so, the Government of Tamilnadu passed Act 19 of 1996, whereby all the varied permit granted between January to May 1996 were canceled. The Hon'ble Division Bench of this Court by order dated 07.08.2003 in the batch of Writ Petitions, declared the said Act as ultravires and directed the varied permit holders to operate in the varied permit route. In view of the order of the Hon'ble Division Bench of this Court, the petitioner is entitled to operate his bus in varied route up to Coimbatore. The learned counsel appearing for the petitioner also relied on the earlier order of this Court dated 22.11.2021 made in W.P.No.19638 of 2021. In the said Writ 5/8 https://www.mhc.tn.gov.in/judis W.P.No.87 of 2022 Petition also the respondents have raised the same objections. After considering the stand taken by the respondents, this Court by order dated 22.11.2021, passed the following orders:
“21. In that view of the matter, this Writ Petition is disposed of with the following orders:
That there shall be a direction to the respondents to consider the request of the petitioner with regard to the variation of the route as has been allowed already by earlier order of the Regional Transport Authority dated 06.02.1996 and subsequent restoration by virtue of the order of the Division Bench of this Court dated 07.08.2003 and accordingly pass necessary orders on the application of the petitioner permitting the petitioner to ply the vehicle in the varied route as per the earlier order dated 06.02.1996 and accordingly the necessary orders shall be passed within a period of four weeks from the date of receipt of a copy of this order.”
8.The petitioner has given representation to the respondents on 06.03.2013 for permission to operate bus from Pollachi to Coimbatore in varied route. When such a representation is made to the respondents, it is for the respondents to consider the same and pass orders. The learned Government Advocate appearing for the respondents submitted that the petitioner has 6/8 https://www.mhc.tn.gov.in/judis W.P.No.87 of 2022 waived his right to operate the bus upto Coimbatore and due to the changed circumstances i.e Coimbatore Revenue falls under the approved scheme, the respondents are permitting only the Government undertaking buses. Inasmuch as the petitioner made a representation based on the order of the Hon'ble Division Bench of this Court dated 07.08.2003, the respondent is directed to consider the representation of the petitioner taking into consideration the order of this Court dated 22.11.2021 in W.P.No.19638 of 2021 and pass orders on the application of the petitioner permitting the petitioner to operate his vehicle in the varied route as per the earlier order dated 06.02.1996 and pass necessary orders within a period of four (4) weeks from the date of receipt of a copy of this order.
9.With the above directions, the Writ Petition is disposed of. No costs.
11.04.2022 Index: Yes/No Internet:Yes/No Speaking order/Non Speaking Order rst V.M.VELUMANI,J.
7/8 https://www.mhc.tn.gov.in/judis W.P.No.87 of 2022 rst To:
1.The Secretary, Regional Transport Authority, Pollachi, Coimbatore District.
2.The Regional Transport Authority, Pollachi Region at Coimbatore.W.P.No.87 of 2022
11.04.2022 8/8 https://www.mhc.tn.gov.in/judis