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3.The brief facts which are required to be stated are that the appellant, who is also a mini bus operator, is operating a mini bus bearing Regn.No.TN-67 P 3091 on the route Sivakasi Pandian Complex to Poolavoorani and the length of the route is stated to be 9.8 k.m. The appellant filed R.P.No.112/2005 on the file of the third respondent challenging the proceedings of the second respondent in R.No.14261/A5/D2, dated 18.10.2004, granting a mini bus permit in favour of the first respondent on the route Sivakasi Pandian Complex (Standard Fire Works) to Vilampatti. The appellant also filed I.A.No.455/2005 seeking stay of the operation of the order, dated 18.10.2004. The said I.A. was resisted on behalf of the first respondent contending that the order dated 18.10.2004 was signed on 07.07.2005, that the said order came to be issued pursuant to the orders of the third respondent, dated 28.10.2003 in Appeal No.1409/2002 which order of the third respondent having become final, the appellant cannot seek to challenge the consequential order of the second respondent dated 18.10.2004/07.07.2005. The third respondent Tribunal, by its order dated 18.10.2005, accepted the stand of the first respondent and held that there was no scope for granting stay as prayed for by the appellant. It was in the above stated circumstances, the appellant is stated to have filed W.P.No.10482/2005 as against the earlier order of the third respondent dated 28.10.2003 passed in Appeal No.1409/2002, while challenging the present order of the third respondent, dated 18.10.2005 passed in I.A.No.455/2005 in R.P.No.112/2005 in W.P.No.14081/2005.

15.As far as the argument of the learned counsel for the appellant based on Sections 99 and 102 of the Act is concerned, Mr.M.Palani, learned counsel for the appellant stated across the bar that the appellant is not pressing the said contention in these appeals. Therefore, we do not propose to dwelve deep into the said contention.

16.1.The only other point to be considered is as to whether the grant now made in favour of the first respondent can be sustained irrespective of the fact that the said grant pertaining to the route Sivakasi Pandiyan Complex to Vilampatti is already covered by a stage carriage service upto a route length of 8.7 kms. and thereby hit by the prohibition imposed in the Scheme itself. As far as the said contention is concerned, while the appellant would contend that an existing mini bus operation is also a stage carriage service, according to the learned counsel for the first respondent, a mini bus operation cannot be equated to a regular stage carriage service and therefore the prohibition imposed in the scheme will not apply to the existing mini bus operation in the sector.

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 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.

20.Applying the above rule to the case on hand, the meaning of the word 'mini bus' having been defined under Rule 3(o) as a 'stage carriage' and in the light of the very word 'stage carriage' having been defined under Section 2(40) of the Act, the term mini bus cannot be given a different meaning when it comes to the question of examining the position whether a mini bus operation in a route would fall within the definition of 'stage carriage'. In our humble opinion, applying the rule of construction noscitur a sociis, the term mini bus will have to be judged by the meaning of the word which is adjunct to it in the definition clause contained in Rule 3(o) of the Rules which definitely states that it is a 'stage carriage'. Therefore, we are unable to accept the contention of the learned counsel for the first respondent that a mini bus operation has to be held to be an operation which is distinct and different from a stage carriage service, as under the provisions of the Act, there is only one service in so far as the 'stage carriage' is concerned which is a service which has been defined as 'stage carriage' under Section 2(40) of the Act whether such a 'stage carriage service' is operated either by a mini bus or by any other bus.