Madras High Court
The Regional Transport Authority vs K.Selvan on 17 April, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1528 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.04.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.1528 of 2021
and
C.M.P.(MD)No.6235 of 2021
1.The Regional Transport Authority,
Office of the Regional Transport Authority,
Tirunelveli District.
2.The Regional Transport Officer,
Tenkasi, Tirunelveli District. ... Appellants
Vs.
K.Selvan ... Respondent
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order dated 12.03.2020 made in
W.P.(MD).No.22198 of 2019 on the file of this Court.
For Appellants : Mr.G.V.Vairam Santhosh,
Addl. Government Pleader.
For Respondent : Mr.A.C.Asaithambi
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W.A.(MD)No.1528 of 2021
JUDGMENT
The writ petitioner / K.Selvan applied for mini bus permit for the
petition mentioned route i.e., from Ambasamudram Bus Stand to
Vikaramasingapuram Amali School. The total length of the route is
8.3 kms. The writ petitioner's earlier application was rejected on the
ground that the norms set out in the 2011 modified scheme were not
fulfiled. Challenging the same, the writ petitioner filed
W.P.(MD)No.18067 of 2018 and it was allowed vide order dated
05.10.2018 on the ground that the modified scheme was not in force.
Eventually, the modified scheme was also set aside. The case of the writ
petitioner was directed to be considered under old 1999 scheme.
2.The writ petitioner was unsuccessful once again. The Regional
Transport Authority rejected the writ petitioner's request vide
proceedings dated 26.09.2019. Challenging the same, the writ petitioner
filed W.P.(MD)No.22198 of 2019. The learned Single Judge vide order
dated 12.03.2020 allowed the writ petition. Challenging the same, this
writ appeal has been filed.
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3.The order impugned in the writ petition reads that the proposed
route comes under 100% served sector. Interestingly, in the counter
affidavit itself, the aforesaid finding has been completely undermined.
Paragraph No.17 of the counter affidavit filed by the appellants reads as
follows:-
“17.I respectfully submit that as per the orders of the
Hon'ble High Court in W.P.(MD)No.18067 of 2018, Personal
hearing was conducted on 26.08.2019 at Collector's Chamber,
Tirunelveli. At the time of hearing Thiru.K.Selvan,
Cheranmahadevi was attended the hearing and submitted written
statement. As per joint inspection made on 28.12.2017.
1) Total route length proposed .. 8.3 kms
2) Served sector .. 4.0 kms
3) Un served sector .. 4.3 kms”
4.When according to the joint inspection, out of total route length
of 8.3 kms, served sector is only 4.0 kms and the unserved sector is
4.3 kms, it is not proper to hold that the entire route comes under 100%
served sector. The learned Single Judge rightly interfered in the matter
and issued direction to the authorities to issue permit forthwith. We
sustain the said direction. The learned counsel for the writ petitioner /
respondent states that a new scheme is proposed to come into force on
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01.05.2025. The learned counsel for the writ petitioner states that
seeking remedy, the writ petitioner moved the appellate authority on
seven occasions and moved this Court on two occasions. The writ
petitioner's labour should not be allowed to go waste. We, therefore,
direct the appellants to comply with the direction of the learned Single
Judge immediately and forthwith and in any event, before 30.04.2025.
5.This writ appeal is dismissed with the aforesaid direction. No
costs. Consequently, connected miscellaneous petition is closed.
(G.R.S. J.,) & (M.J.R. J.,)
17.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
Issue order copy on 17.04.2025.
To:
1.The Regional Transport Authority,
Office of the Regional Transport Authority,
Tirunelveli District.
2.The Regional Transport Officer,
Tenkasi, Tirunelveli District.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/04/2025 05:50:46 pm )
G.R.SWAMINATHAN, J.
and
M.JOTHIRAMAN, J.
ias
17.04.2025
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