Madras High Court
Mrs.Sujatha vs The Secretary on 9 February, 2021
W.P.No.17426 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:09.02.2021
Coram
The HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.No.17426 of 2020
Mrs.Sujatha ... Petitioner
vs
1. The Secretary,
Regional Transport Authority,
Hosur Region
Krishnagiri District.
2. The Regional Transport Officer,
Hosur,
Krishnagiri District
..Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the 1st respondent to
consider and pass orders on the petitioner's representation dated
10.01.2020 requesting the 1st respondent authority to convene timing
conference in respect of grant mini bus stage carriage route permit
for the route from Pan Electronics to Hosur Bus Stand for the vehicle
bearing Registration No.TN-24X-1173 in terms of the proceedings
R.No.12657/B2/2004, dated 17.03.2006 of the respondents herein.
1/6
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W.P.No.17426 of 2020
For Petitioner .. Mr.K.Venkatesan
For Respondents ... Mr.Annai Ezhil
Government Advocate
ORDER
This writ petition is filed for a Mandamus directing the 1 st
respondent to consider and pass orders on the petitioner's
representation dated 10.01.2020 requesting the 1st respondent
authority to convene timing conference in respect of grant mini bus
stage carriage route permit for the route from Pan Electronics to
Hosur Bus Stand for the vehicle bearing Registration No.TN-24X-
1173.
2. The petitioner's brother, one Suresh Babu, has made a
representation for fixing the timing conference and that was rejected
by the Regional Transport Authority, as against which, the said
Suresh Babu filed W.P.No.26081/2003 and the writ petition was
dismissed on the ground that it was made after a lapse of 12 years
and he has also filed a Writ Appeal in W.A.No.1348/2019 and the Writ
Appeal was allowed by order dated 12.04.2019 setting aside the
order of the Writ Court and remitted the matter once again to the
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W.P.No.17426 of 2020
Regional Transport Authority. In view of the judgment of the Hon'ble
Division Bench, subsequent order was passed by the Regional
Transport Authority in R.No.64061/B3/19 dated 16.08.2019 and as
against which, the said R.Suresh Kumar has filed an appeal before
the State Transport Appellate Tribunal, Chennai in M.V.Appeal
No.78/2019. The Appellate Tribunal, by order dated 30.12.2019, set
aside the order of the Regional Transport Authority and remitted the
matter back to the Regional Transport Authority for fresh
consideration and for conducting timing conference and for passing
necessary orders as per orders passed by the Hon'ble Division Bench
in W.A.No.1348/2019 dated 12.04.2019 and in accordance with law
and in the light of the findings made therein. Even thereafter, the
case of R.Suresh Babu has not been consider. Therefore, the
petitioner's brother, Suresh Babu, once again, approached this Court
in W.P.No.11994/2020 and this Court, by order dated 07.09.2020
directed the respondent Regional Transport Authority to conduct
timing conference and pass appropriate orders within a period of four
weeks from the date of receipt of a copy of the said order. The
respondent was also directed to issue notice to all the parties
concerned before passing the final orders.
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W.P.No.17426 of 2020
3. The first respondent has filed a detailed counter stating that
the petitioner's father, C.Raja Naidu passed away on 08.12.2012 and
after a lapse of a long period she found some of the documents
relating to a grant of temporary permit for mini bus route from Pan
Electronics to Hosur Bus Stand and requested to convene a timing
conference for the temporary permit already granted in the name of
her deceased father, C.Raja Naidu, Hosur during 2005-2006.
4. The respondent has also pointed out some legal issues to be
considered before pursuing action on the representation and the
relevant paragraph in the counter affidavit reads as follows:
“legal issues such as the lapse of the modified
approved scheme 2005 in which basis the temporary
permit proceedings was granted under sec 99(2) of the
Motor vehicles Act 1988, further publication of
comprehensive modified Area Scheme of 2011 and the
same has been quashed by this Hon'ble Court; all these
issues have to be considered before pursuing action on
the representation dated 10.01.2020.”
5. It is further stated in the counter affidavit at paragraph
Nos.9 to 11 as follows:
“..... pending approval for approved modified Area scheme
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W.P.No.17426 of 2020
dated 01.06.2005, a temporary permit proceedings has
been granted to Tmt.Sujatha so as to ply on the route Pan
Electronics to Hosur Bus Stand as per Section 99(2) of
Motor Vehicles Act, 1988. Further, it is also found that a
timing conference notice dated 17.03.2006 had also been
sent, but no timing conference was convened so far.
10. It is submitted that the matter was pursued by
the father of the petitioner from 2005-2006 and it was not
pursued upto his date of death on 08.12.2012. In the
meantime, the State Transport undertakes to provide
transport facilities for all the areas in Hosur Taluk so as to
meet the needs of travelling public.
11. It is submitted that the petitioner, after a lapse
of several years has submitted a representation,
requesting this authority to conduct timing conference.
During the time of tracing the old records for pursuing
proper action on the representation, the petitioner has
approached this Hon'ble Court by filing the present
W.P.No.17026/2020.”
6. However, the learned counsel for the petitioner submitted
that let the respondents take a decision on the representation made
by the petitioner, requesting for timing conference and pass suitable
order within the stipulated time and thereafter, the petitioner can
work out her remedy in the manner known to law.
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W.P.No.17426 of 2020
B.PUGALENDHI,J.
Vsi
7. Therefore, without expressing any view on the merits of the
claim made by the petitioner, this Writ Petition is disposed of, with a
direction to the respondents to take a decision on the representation
of the petitioner dated 10.01.2020, by considering the legal issues
involved and pass orders on the same on merits and in accordance
with law within a period of six weeks from the date of receipt of a
copy of this order. No costs.
09.02.2021
vsi
Index:Yes/No
Internet:Yes
To
1. The Secretary,
Regional Transport Authority,
Hosur Region
Krishnagiri District.
2. The Regional Transport Officer,
Hosur,
Krishnagiri District
W.P.No.17426 of 2020
https://www.mhc.tn.gov.in/judis/
