Madras High Court
S.Siva Shenbagakumar vs The Regionl Transport Authority on 21 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD) Nos.11 and 154 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.11.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) Nos.11 and 154 of 2019
and C.M.P. (MD) Nos.68 of 2019 & 11081 of 2022 and 1187 of 2019 &
7822 of 2023
S.Siva Shenbagakumar ... Appellant/Writ Petitioner in
W.A.(MD) No.11 of 2019
S.Geetha Devi ... Appellant/Writ Petitioner in
W.A.(MD) No.154 of 2019
-Vs.-
1.The Regionl Transport Authority,
Nagercoil,
Kanyakumari District.
2.The State Transport Appellate Tribunal,
City Civil Court Buildings,
High Court Campus,
Chennai – 104.
3.The Management through the General Manager,
Tamil Nadu State Transport Corporation (Tiurnelveli) Limited,
Nagercoil Region,
Ranithottam,
Kanyakumari District. ... Respondents 1 to 3/
Respondents 1 to 3
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.11 and 154 of 2019
4.M. Narayanaperumal ... 4th Respondent/4th Respondent
in W.A.(MD) No.11 of 2019
th
(4 Respondent is impleaded vide Court
Order dated 01.03.2023 made in CMP
(MD) No.977 of 2020 in W.A.(MD) No.
11 of 2019 by GJJ & KKRKJ)
COMMON PRAYER:- Writ Appeals filed under Clause 15 of Letters
Patent Act, to set aside the order dated 16.07.2018 made in W.P.
(MD)Nos.22698 & 22697 of 2015 on the file of this Court.
For Appellant in both : Mr.C.K.Chandrasekar
the Writ Appeals
For Respondents in both : Mr.T.Amjadkhan
the Writ Appeals Government Advocate
for R1 & R2
Mr.K.Sathya Singh
Standing Counsel for R3
Mr.P.Santhoshkumar for R4 in
W.A.(MD) No.11 of 2019
****
COMMON JUDGMENT
(Judgment of the Court was delivered by V.LAKSHMINARAYANANM, J.)
These Writ Appeals arise against the orders dated 16.07.2018
passed in W.P.(MD)Nos.22698 & 22697 of 2015.
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.11 and 154 of 2019
2. The petitioners are mini-bus operators between Chettikulam
Junction and Mela Krishnan Puthoor. The petitioners made requests to
the Regional Transport Authority, Nagercoil, at Kanyakumari District to
permit them to operate their mini-buses bearing registration Nos.TN-74-
F-0355, TN-28H-9255, TN-74-E-7791 and TN-74E-7782 upto Anna Bus
Stand. The said request was rejected by the Regional Transport Authority.
Challenging the same, they preferred appeals before the State Transport
Appellate Tribunal, Chennai in M.V.APPL. Nos.61 and 59 of 2015. The
said applications were dismissed, against which, they filed the aforesaid
Writ Petitions. These Writ Petitions too were dismissed. Challenging the
same, the present Writ Appeals are filed.
3. Heard Mr.C.K.Chandrasekkar, learned counsel for the
appellants, Mr.T.Amjadkhan, learned Government Advocate, appearing
on behalf of the respondents 1 & 2, Mr.K.Sathya Singh, learned counsel
for the third respondent in both the Writ Appeals and
Mr.P.Santhoshkumar, learned counsel for the fourth respondent in W.A.
(MD) No.11 of 2019.
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.11 and 154 of 2019
4. It is the case of Mr.C.K.Chandrasekkar, learned counsel for
the appellants that since there is one way in the route in which the mini-
buses had been operating, as directed by the police authorities, they
neccesarily had to go into the Anna Bus Stand for the purpose of usage.
An Advocate Commissioner was also appointed in this case, who also
submitted a report to that effect.
5. However, taking into consideration the matter has been
pending for about 8 years, we called for a report from the Superintendent
of Police, Kanyakumari District at Nagercoil. He has filed the following
report:-
“7.On the basis of the report of the Inspector of
Police, Traffic Police Station, Nagercoil, dated 24.10.2023, I
respectfully submit that, the Mini Bus bearing Nos.TN 28 N
9255 and TN 74 F 0355 are plying Chettikulam Junction to
Mela Krishnan Puthoor, which covers the distance of 10.1
kms in which served route is 4.00 kms and unserved route
is 6.1 kms. It covers two ways. There is no one way in the
route between Chettikulam Junction to Mela Krishnan
Puthoor, specifically the route between Chettikulam junction
and beach road junction, where their Mini Buses bearing
Nos.TN 28 N 9255 and TN 74 F 0355 are plying.”
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.11 and 154 of 2019
6. A perusal of the report shows that the route in which the
Mini-Buses are operating, namely, Chettikulam to Melakrishnapudur
there is no one way. The one way operates only between Chettikulam and
Anna Bus Stand, where there is no permission for the Writ Petitioners to
operate.
7. Consequently, the order of the learned Single Judge, does
not require any interference. The Writ Appeals are dismissed. No costs.
Consequently, connected Civil Miscellaneous Petitions are closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 21.11.2023
Index :Yes/No
SJ
To
1.The Regionl Transport Authority,
Nagercoil,
Kanyakumari District.
2.The State Transport Appellate Tribunal,
City Civil Court Buildings,
High Court Campus,
Chennai – 104.
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.11 and 154 of 2019
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
W.A.(MD) Nos.11 and 154 of 2019
21.11.2023
https://www.mhc.tn.gov.in/judis
