1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20/09/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10685 of 2011 And M.P.(MD).No. 1 of 2011 T.Ramakrishnan ... Petitioner Vs. 1. The Regional Transport Authority Kanyakumari District Nagercoil 2. The Regional Transport Officer Nagercoil Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the first respondent to consider my representation, dated 07.09.2011 for permitting me to operate my Mini Bus bearing Registration No. TN-74-E-7817 or any other subsequently replaced buses in the slightly diverted route of Vadasery Bus Stand to Mathiyas Nagar (via) M.S.Road Turning, VAO Office Turning, Rajakumar Thirumana Mandapam, Aruguvilai Jn., Melaputheri, Kavimani Nagar, Erachakulam, Sun Polytechnic, Gnanadasapuram within the period that may be stipulated by this Hon'ble Court. For petitioner : Mr.M.E.Ilango For Respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader O R D E R The petitioner has come forward with this Petition seeking for the relief of direction to the first respondent to consider his representation, dated 07.09.2011 for permitting me to operate my Mini Bus bearing Registration No. TN-74-E-7817 or any other subsequently replaced buses in the diverted route of Vadasery Bus Stand to Mathiyas Nagar (via) M.S.Road Turning, VAO Office Turning, Rajakumar Thirumana Mandapam, Aruguvilai Jn., Melaputheri, Kavimani Nagar, Erachakulam, Sun Polytechnic, Gnanadasapuram within the period that may be stipulated by this Hon'ble Court. 2. The case of the petitioner is that he is the owner of Mini Buses bearing Registration No. TN-74-E-7817 plying on the route Vadasery Bus Stand to Mathiyas Nagar (via) M.S.Road Turning, VAO Officer Turning, Rajakumar Thirumanamandapam, Aruguviali Jn., Puliyadi Turning, Puliyadi https://hcservices.ecourts.gov.in/hcservices/ 2 Bus Stop, Aanaipari, Kavimoni Nagar, Erachakulam High School, Sun Polytechnic and Gnanadhasapuram by the first respondent. The petitioner has been using the said route without violation of the conditions of the permit. Due to the recent rains, the roads enroute to Aanaiparai and Puliyadi Turning, are washed away and as such, the Mini Buses could not ply on the said roads as the same are in a dilapidated condition. The petitioner has preferred a representation to the President of the Melasankarankuzhi Panchayat on 18.08.2010, to repair the said roads in order to make it fit for the usage of vehicles, but no orders have been passed till date. In spite of the dilapidated condition of the roads, the petitioner has no other option but to operate his Mini Bus through the said roads, which resulted in great hardship to the petitioner. The petitioner has also preferred a representation to the respondents on 03.09.2010 for permitting him to operate the Mini Bus in a diverted route. Further representation, dated 07.09.2011 was also made. But till date, no orders have been passed. He further stated that in similar matters, this Court has permitted the owners of the mini buses to operate in diverted routes. 3. Heard the learned counsel for the parties and perused the materials available on record. 4. As per Section 66(1) of the Motor Vehicles Act, no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place, except according to the condition of permit granted and an exception has been made by Section 66(3) (m), by which, owing to the obstruction on road or unforeseen circumstances, if diversion is required to reach the destination, then such diversion is permitted. But, the exception should not be made as routine one and unless the petitioner is able to prove that the route through which the permit was originally granted is so bad and no vehicle can ply in that route. 5. In this case, it is stated by the petitioner that he has made a representation on 07.09.2011, to the respondents explaining the road condition and orders are yet to be passed. 6. Hence, without going into the merits of the petitioner's representation, dated 07.09.2011, a direction is issued to the first respondent, to consider the petitioner's representation, dated 07.09.2011, by affording an opportunity to the petitioner and all the other necessary parties and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 7. With the above directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Regional Transport Authority Kanyakumari District Nagercoil 2. The Regional Transport Officer Nagercoil Kanyakumari District + 1 cc to Mr.M.E.Ilango, Advocate, SR No.32200 + 1 cc to The Special Government Pleader, SR No.32376 W.P.(MD).No.10685 of 2011 And M.P.(MD).No. 1 of 2011 20.09.2011 vsg RJ/23.9.11 3p/5c https://hcservices.ecourts.gov.in/hcservices/