[Cites 3, Cited by 0]
Madras High Court
M.Abdullah vs The Regional Transport Authority Cum ... on 16 March, 2026
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.(MD).No.18583 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-03-2026
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD).No.18583 of 2025
and
W.M.P(MD).Nos.14231 and 14232 of 2025
M.Abdullah ... Petitioner
Vs.
1. The Regional Transport Authority cum District Collector,
Tiruchirappalli District,
Tiruchirappalli - 1.
2. The Regional Transport Officer,
Trichy West,
Pirattiyur,
Ramji Nagar Post,
Tiruchirappalli - 9.
3. Subbulakshmi D. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorari, calling for the
records relating to the impugned permit issued by the 1st respondent in
Permit No.08/TRY/MB/2025 dated 19.06.2025 to the Mini Bus bearing
Registration No. TN-63 J-7678 and quash the portion of the migration
route from Puthanatham to Karaikulam via, Nallaponnampatti,
Ponnusangampatti, Vadakkipatti and Karuppur as illegal and for other
reliefs and pass such further or other orders as this Honble Court may
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W.P.(MD).No.18583 of 2025
deem fit and proper in the circumstances of the case and thus render
justice.
For Petitioner : Mr.A.C.Asaithambi
For R1 and R2 : Mr.N.Ramesh Arumugam
Government Advocate
For R3 : Mr.A.Vadivel
ORDER
The writ petition is filed to quash the impugned order dated
19.06.2025 passed by the 1st respondent.
2. The impugned order grants Mini Bus permit for the vehicle
bearing Registration No.TN-63J-7678 belonging to the 3rd respondent for
the route Sukkampatti to Kosipatty.
3. The contention of the petitioner is that he was operating under
the pre-existing minibus scheme on the route between Kurumalaipatti
and Karaikulam. The petitioner had also migrated from the existing
scheme to the new scheme when it was introduced. The 3rd respondent
was originally operating its services between Sukkampatti and Kosipatty.
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On the said route, the service reaches Puthanatham mid-way, and from
there the original route proceeds through Karuncholaipatti Pirivu,
Karuncholaipatti, Kadaiyampatty, Maniyankurichi, and Silampampatti
before ultimately reaching Kosipatty. However, though the 3rd
respondent had applied only for migration of her existing route, at the
time of grant under the new scheme, the 3rd respondent is now operating
from Puthanatham through a portion of the petitioner’s route up to
Karaikulam, before proceeding further to Kosipatty. Consequently, in the
newly granted route, a stretch of about 5.7 kilometers overlaps with the
sector already served by the petitioner. The petitioner is operating more
than four single trips per day on the said route. Therefore, such a grant of
route to the 3rd respondent ought not to have been permitted at the time of
migration.
4. In reply thereof, the learned government advocate appearing
for the respondents 1 and 2 would submit that the petitioner had migrated
under the new scheme and accordingly he has been granted the route.
When the 3rd respondent applied, the inspection was made and a route
has been arrived and the same was also published in the Gazette.
Accordingly, the 3rd respondent has surrendered the existing license and
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migrated to the new route under the scheme. The same was also granted
as per procedure and there is no violation.
5. It is in the background, it is contended that as against the
order there is a remedy of appeal/revision available under Sections 89 or
90 of the Motor Vehicles Act, 1988, as the case may be.
6. The learned counsel appearing for the 3rd respondent would
submit that when she applied for migration, an inspection of the route
was conducted by the authorities. Her original route was a total of 12.9
kilometers. Under the new scheme, the migrated route was approved
between Sukkampatti and Kosipatty, totaling 23.9 kilometers, of which
15.7 kilometers constitute an unserved sector. Therefore, the grant of the
migrated route is permissible.
7. In reply thereof, the learned counsel for the petitioner would
submit that the respondents have also failed to satisfy the requirement
that at least 1.5 kilometers of the route should constitute a new sector
where no prior service exists.
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8. I have considered the rival submissions made on either side
and perused the materials records of the case.
9. Since, the questions raised are that of mixed question of facts
and law, it would be more appropriate for the petitioner to be relegated to
the alternative remedy available under law.
10. In view thereof, keeping the liberty open to the petitioner to
approach the State Appellate Tribunal, by way of appropriate
appeal/revision under Sections 89 or 90 of the Motor Vehicles Act, 1988,
as the case may be, this writ petition stands disposed of.
11. It is pleaded that the petitioner has to be issued with the
certified copy of the permit granted for the purpose of filing such
appeal/revision. Within a period of one week from the date of receipt of
the web copy of the order, without waiting for the certified copy of the
order, the certified copy of the grant of approval of the route and grant of
permit to the 3rd respondent under the new scheme shall be furnished to
the petitioner.
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12. With the above directions and observations, the writ petition
is disposed of. No costs. Consequently, connected miscellaneous
petitions are closed.
16.03.2026
Index: Yes
Speaking Order: Yes
Neutral Citation: No
rgm
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To
1. The Regional Transport Authority cum District Collector,
Tiruchirappalli District,
Tiruchirappalli - 1.
2. The Regional Transport Officer,
Trichy West,
Pirattiyur,
Ramji Nagar Post,
Tiruchirappalli - 9.
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D.BHARATHA CHAKRAVARTHY, J.
rgm
and
W.M.P(MD).Nos.14231 and 14232 of 2025
16.03.2026
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