Madras High Court
M.Rahamatunisha vs The Regional Transport Authority on 25 July, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.07.2023
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)Nos.1059 and 1060 of 2013
W.A.(MD)No.1059 of 2013:-
M.Rahamatunisha ...Appellant
-Vs.-
The Regional Transport Authority,
Thanjavur District, Thanjavur. ...Respondent
PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to
set aside the order dated 08.02.2023 made in W.P.(MD)No.2269 of 2013
on the file of this Court.
W.A.(MD)No.1060 of 2013:-
A.K.Mydeen ...Appellant
-Vs.-
The Regional Transport Authority,
Thanjavur District, Thanjavur. ...Respondent
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PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent Act, to
set aside the order dated 08.02.2023 made in W.P.(MD)No.2270 of 2013
on the file of this Court.
For Appellant : Mr.A.C.Asaithambi
For Respondents : Mr.T.Amjad Khan
Government Advocate (in both cases)
****
COMMON JUDGMENT
(Judgment of the Court was delivered by DR.ANITA SUMANTH , J.)
Read this order in continuation of and in conjunction with
order dated 11.07.2023 that makes reference to earlier order dated
03.07.2023, both of which, read as follows:
“Read this order in continuation and in
conjunction with order dated 03.07.2023, which reads as
follows:
“Print the name of Mr.Amjadkhan, learned
Government Advocate and delete the description of
the sole respondent.
2. No counter has been filed, since the writ petition
was dismissed even at the time of admission. Hence, it
becomes necessary for the respondent to circulate
written instructions indicating their stand in the
matter. This should be specific to the 1999 scheme, a
copy of which will be circulated, and whether the
scheme covers or provides for grant of permits for
mini buses. It will consequently address the question
as to whether the petitioner's application dated
29.12.2011 can be considered under that scheme.
3. List on 11.07.2023.”
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2.When the matter is called, we find absolutely no
compliance on the part of the respondent/Road Traffic
Authority, Thanjavur with the above directions. Despite a
specific direction that a copy of 1999 scheme be furnished,
there is no compliance by the respondent. We do not
appreciate this.
3.It has thus fallen on the appellants to file a copy
of the scheme, as part of compilation dated 11.07.2023.
4.The respondent was also directed to circulate
written instructions on the point whether the scheme covers
or provides for grant of permits. No written or oral
instructions are circulated before us.
5.A perusal of G.O.Ms.No.1541, Home
(Transport-III) dated 17.11.1999, reveals that permits were
to be issued for operation of upto 250 mini buses in the
rural areas of Thanjavur District for upto a route length not
exceeding 20 Kms. It had never been the case of the
respondent thus far that the number of buses exceeds 250 or
the route length sought for by the appellants exceeds the
stipulated distance.
6.The order of the Division Bench in M.Ananda
Kumar vs the Regional Transport Authority, Krishnagiri
and another [W.A.No.222 of 2017], dated 22.12.2022, has
made the position unambiguous that with the quashing of
G.O.Ms.No.136, dated 23.11.2011, which itself only makes
amendments to the 1999 scheme, the 1999 scheme stands
automatically revived in the form in which it was originally
issued and that scheme would govern the grant of permits.
This is clear from a reading of para No.25 of that order.
7.On instructions, the learned Government
Advocate would confirm that the applications of the
appellants are as yet pending. We do not find any
justification for this.
8.Hence, the appellants are permitted to appear
before the respondent on Friday, ie., on 14.07.2023 at 10.30
am with a copy of their applications and supporting
materials and after hearing them/their authorised
representatives, an order will be passed by the respondent
either accepting or rejecting the same in accordance with
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the scheme and the applicable Regulations within a period
of two weeks, ie., on or before 21.07.2023.
9.List on 25.07.2023 under the caption 'for
production of orders’.”
2.Today, the learned Counsel for the appellant would submit
that there has been some difficulty in contacting the parties and hence,
the hearing that was fixed on 14.07.2023 did not transpire.
3.We feel that the direction issued under order dated
11.07.2023 would suffice to address the interest of both parties. It is
now for the parties to take forward the matter and conclude the same in
accordance with law.
4.In light of the aforesaid, we close these Writ Appeals in terms
of order dated 11.07.2023 leaving the parties to pursue to the matter in
accordance with law. No costs.
[A.S.M.J.,] & [R.V.J.,]
NCC :Yes/No 25.07.2023
Index :Yes/No
Internet :Yes/No
cmr
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To
The Regional Transport Authority,
Thanjavur District, Thanjavur.
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DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
cmr
W.A.(MD)Nos.1059 and 1060 of 2013
25.07.2023
https://www.mhc.tn.gov.in/judis
