1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(md).Nos.9081 & 9082 of 2011 Fathuma Roadways, rep. By its Managing Partner, K.K.D. Pandian No.15-1-34/3, Cumbum Road, Theni 625 531. : Petitioner in both W.Ps Vs. 1.The Branch Manager, Kerala State Road Transport Corporation Limited, Kuthupuram, Kumili, Kerala State. 2.The Secretary, State Transport Authority, Treans Tower, Thaykad, Trivandrum. 3.The Secretary, Regional Transport Authority, Periyakulam. Theni District. : Respondents in both W.Ps Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 2nd and 3rd respondents herein to issue directions to the 1st respondent herein not to ply their bus at the same timings of the petitioner's bus TN 60 E 0416 on the route Govindanagaram to Kumuli (via) Theni, Uthamapalayam, Cumbum and Gudalur without proper fixation of timings in accordance with law. For Petitioner in both W.Ps :Mr.T.Padmanaban For Respondents in both W.Ps:Mr.T.S.Mohamed Mohideen Additional Government Pleader ******** COMMON ORDER The case of the petitioner is that he is a stage carriage operator, operating vehicle bearing Regn.No.TN 60 E 0416 on the route from Govindanagaram to Kumuli (via) Theni, Uthamapalayam, Cumbum and Gudalur for a long time. It is the grievance of the petitioner that the 1st respondent herein has been operating their bus bearing Regn.No.KL-5-7674 on the same route and at the same timings. Further, they are operating the abovesaid bus without specific timings. So, the petitioner is very much affected by the attitude of the first respondent. The https://hcservices.ecourts.gov.in/hcservices/ 2 action of the first respondent is against the provisions of the Tamil Nadu Motor Vehicles Act. 2.The further contention of the petitioner is that he has made a representation on 14.04.2011 to the third respondent in this regard. Therefore, he prays for disposal of the above said representation. 3.When the matter came up for hearing, the learned counsel for the petitioner produced two copies of the receipt issued by Kumbum Municipality, Kumbum, permitting the bus bearing Regn.No.K.L.15.7470, belonging to Kerala State Transport Corporation to ply within the limits of Kumbum Municipality. He has also produced a xerox copy of the ticket issued to a passenger. 4.Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 5.In view of the submission made by the learned counsel for the petitioner, this Court is inclined to direct the 3rd respondent, to consider and pass orders on the representation of the petitioner dated 14.04.2011, by taking note of the relevant documents. Before taking any decision, respondent No.3 is directed to issue due notice to the first respondent also. 6.These Writ Petitions are disposed of accordingly. Consequently, connected M.P.Nos.1 and 1 of 2011 are closed. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Branch Manager, Kerala State Road Transport Corporation Limited, Kuthupuram, Kumili, Kerala State. 2.The Secretary, State Transport Authority, Treans Tower, Thaykad, Trivandrum. 3.The Secretary, Regional Transport Authority, Periyakulam. Theni District vs rl/4c – 15.9.2011 W.P.(MD)Nos.9081 & 9082 of 2011 23.08.2011 https://hcservices.ecourts.gov.in/hcservices/