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4.While giving such mini bus permits, according to the modified area approved scheme, there can be an overlapping area of maximum 4 kms of served sector, which means the buses are in operation already called served sector and such served sector can have overlapping of maximum of 4 kms on the route to be approved and given permit for mini bus operation.

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10.Aggrieved over the said order passed by the third respondent- Appellate Tribunal by order dated 26.07.2002, the petitioner preferred this writ petition.

11.A similarly placed mini bus operator, aggrieved by the very same impugned order, has filed the other writ petition i.e., W.P.No.37733 of 2002 as he also claimed that he is already in operation of mini bus permit, where his route of more than 4 kms of served sector is overlapping the modified route i.e., Kanuvai to NGGO Colony sought to be given to the first respondent through the impugned direction of the third respondent.

16.The learned counsel in this regard would submit that the distance between Kanuvai and Thudiyalur, where the petitioners had been already http://www.judis.nic.in in operation is more than 5 Kms., which is a served sector.

17.The learned counsel appearing for the petitioners also made a submission that, the term served sector is meant for only large bus route having the permit capacity of 56 passengers plus alone and not the mini bus operations having the permit capacity of 6 passengers and above and the maximum of 25 passengers. The said issue though had been raised long back before this Court, in similar circumstances, a Division Bench of this Court in the judgment reported in [2007 LW 832] in the matter of R.Shanmugaiah .Vs. P.S.Lakshmanakumar and Others, has held as follows 16.9.A conjoint reading of the above referred to statutory provisions and the decision of the Hon'ble Supreme Court wherein the purpose of fixing stages for a stage carriage service has been stated, leads us to hold that a mini bus is nothing but a stage carriage service. In other words, a mini bus satisfies the definition of a 'stage carriage' as defined under Section 2(40) of the Act, apart from the fact that Rule 3(o) of the Rules specifically means a mini bus as a stage carriage. As between a regular stage carriage and a mini bus, the only difference is that in respect of a mini bus the maximum number of passengers permissible has been determined as 25, while the minimum is six which is common both for a regular as well as a mini bus. It cannot be disputed that a mini bus operation being a stage carriage has to http://www.judis.nic.in necessarily operate its vehicle in the route permitted for it in between the various stages determined. Therefore, all the parameters which are prescribed in respect of a regular bus while operating in a permitted route such as the prescription of fares, the starting point and the destination, minimum prescribed number of passengers permissible, the prescribed number of maximum numbers of passengers permissible, the number of stages fixed in between the permitted route are all common and applicable to a mini bus as well. The statutory definition contained in Rule 3(o) of the Rules, defining a 'mini bus' to mean a stage carriage, further strengthens the position that a mini bus operation can only be considered as a stage carriage service and cannot be distinguished from a stage carriage operated with a vehicle of larger passenger capacity when it comes to the question of whether such services is a stage carriage service; or can it be called as any other service under the provisions of the Act. To put it differently, a mini bus operation though by virtue of the definition contained in Rule 3(o) of the Rules has got a restricted number of passengers to be carried at a maximum level, as far its operation in a route is concerned, it is nothing but a stage carriage service.

23.I have considered the said submissions made by the learned counsel appearing for both the petitioners as well as the learned Additional Government Pleader appearing for the Official respondents.

24.As has been rightly submitted by the learned counsel appearing for the petitioners, both the petitioners have already obtained mini bus permit and they have been in operation. Their claim is that the route already given to them, where they are in operation with mini bus, is no doubt called served sector, if we apply the ratio of the Division Bench judgment referred above. Since the mini bus operation is also considered to be a stage carriage permit on par with larger buses, there can be no http://www.judis.nic.in doubtin that context and therefore, if any violation takes place beyond 4 Kms in the name of served sector, certainly that will be in violation of the modified area approved scheme for the Revenue District concerned as per the modified area approved scheme dated 17.11.1999, G.O.M.S.No.1532, Home Department.