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[Cites 2, Cited by 0]

Madras High Court

T.Balasubramanian vs The Regional Transport Authority Cum ... on 4 August, 2025

Author: C.Saravanan

Bench: C.Saravanan

                                                                                             W.P.(MD)No.21187 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.21187 of 2025

                 T.Balasubramanian                                                               ... Petitioner

                                                                      -vs-

                 1.The Regional Transport Authority cum District Collector,
                   Tiruchirapalli District, Tiruchirapalli.

                 2.The Regional Transport Officer,
                   Srirangam, Tiruchirappalli.                                                   ... 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.03/SC/SRM/2025, granting extension of sector
                 from Pulivalam to Thuraiyur reduction of eight single from MG Gate to
                 Mannachanallur conversion of Town Service as Mofussil Service in respect of the
                 Stage Carriage bearing Registration No.TN-48-Q-1415 (since replaced).


                                  For Petitioner           :     Mr.A.C.Asaithambi

                                  For Respondents          :     Mr.K.R.Badurus Zaman
                                                                 Government Advocate


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                                                                                          W.P.(MD)No.21187 of 2025




                                                                  ORDER

This Writ Petition has been filed seeking a direction to the respondents to restore the variation in Permit No.03/SC/SRM/2025 by making an appropriate entry, granting: (i) extension of the route sector from Pulivalam to Thuraiyur; (ii) reduction of eight single trips from MG Gate to Mannachanallur; and (iii) conversion of the service from Town Service to Mofussil Service, in respect of the Stage Carriage bearing Registration No.TN-48-Q-1415 (since replaced).

2. The learned Government Advocate for the respondents, on instructions, submits that if a request is received from the petitioner, the petitioner's request for restoring the route variations granted on 30.03.1996 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 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 ____________ Page 2 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 12:02:08 pm ) W.P.(MD)No.21187 of 2025 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.

4. The Writ Petition stands disposed of accordingly. No costs.

                 NCC              : Yes / No                                             04.08.2025
                 Index            : Yes / No
                 smn2




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                                                                                    W.P.(MD)No.21187 of 2025


                 To:-

1.The Regional Transport Authority cum District Collector, Tiruchirapalli District, Tiruchirapalli.

2.The Regional Transport Officer, Srirangam, Tiruchirappalli.

____________ Page 4 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 12:02:08 pm ) W.P.(MD)No.21187 of 2025 C.SARAVANAN, J.

smn2 W.P.(MD)No.21187 of 2025 04.08.2025 ____________ Page 5 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 12:02:08 pm )