THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN WRIT APPEAL No. 819 of 2001 JUDGMENT: (Per T. Meena Kumari, J) The Writ Appeal is ﬁled against the orders of the learned Single Judge passed in W.P.No. 5831 of 201, dated 31.3.2001. Heard the learned counsel for the parties. The learned Single Judge while disposing of the Writ Petition No. 5831 of 2001 has directed the 1st respondent to put the 4th respondent, who is the appellant herein on notice, before any decision is taken in the matter. Aggrieved by the order of the learned Single Judge, the present Writ Appeal has been preferred. This Court has granted interim stay on 15.5.2001 which continued till today. Heard the learned counsel for the parties. According to the learned counsel for the appellant, the petitioners in the Writ Petition are the respondents and the respondent Nos. 1 and 2 are the ﬁctitious persons set up by his rival operators. In view of the fact that it is purely a dispute of fact, which cannot be decided under Article 227 of Constitution of India, we are of the opinion that liberty can be given to the appellant to raise all the objections raised in the present Writ Appeal before the 3rd respondent in the Writ Appeal, who is 1st respondent in the Writ Petition. Under these circumstances, we feel it is appropriate to dispose of the Writ Appeal. Accordingly, the Writ Appeal is disposed of. However, the 3rd respondent herein, who is the 1st respondent in the Writ Petition shall enquire into the mater and decide as to whether the 4th respondent in the Writ Petition, who is the appellant herein is operating the vehicle in accordance with the permit granted to him duly putting on notice the appellant herein and also the 1st and 2nd respondents in the Writ Appeal and the same shall be done in accordance with law. Accordingly, the Writ Appeal is disposed of and the Order of the learned Single Judge is modiﬁed to the extent indicated above. _______________________ T. MEENA KUMARI, J _______________________________ RAMESH RANGANATHAN, J 16.9.2008 CHV