1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13158 of 2011 and M.P(MD)No.1 of 2011 S.Kannan ... Petitioner Vs. 1. The Regional Transport Authority, Kumbakonam, Thanjavur, Thanjavur District. 2. The Secretary, The Regional Transport Authority, Kumbakonam, Thanjavur District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent proceedings in R.No.30333/B1/2010 dated 28.07.2011 to quash the same and further direction directing the respondents to resurvey the route from Kumbakonam Selvam Theatre to Kumbakonam bus stand and permit the petitioner mini bus bearing replaced registration No.TN-32-N-0148 to enter into the Kumbakonam Bus stand as per the circular of the Transport Commissioner in Letter No.90919/E2/2009 dated 29.11.2000. For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.T.R.Janarthanan Additional Government Pleader O R D E R The petitioner S.Kannan is a mini bus operator bearing Registration No.TN-51-V-3537, which has been replaced now as TN-32-N-0148 as per the order, dated 26.09.2011 which is plying on the route Kumbakonam Selvam Theatre to Manjambadi. On the basis of the transfer of the mini bus on 24.02.2010, the petitioner has been operating the said mini bus. When the petitioner got a transfer of the mini bus permit in his favour, the Regional Transport Authority, Kumbakonam in his proceeding passed in R.No.B136381/11 dated Nil has given the description of the route. On the basis of the permitted route, the petitioner has been plying his mini bus on the served sector viz., 3.9 k.m. Since the place is nearby to the Kumbakonam Bus Stand by permitting the petitioner to enter into the Kumbakonam Bus Stand from Kumbakonam Selvam Theatre, the served sector comes to 4 k.m. In 2010 there is a clash among the bus operators to operate the mini bus from Kumbakonam Bus Stand. In view of the clash among the bus operators, the second respondent prevented the petitioner's mini bus from operating Kumbakonam Bus Stand. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Aggrieved by the action taken by the second respondent, the petitioner presented a representation dated 01.06.2010, stating that his mini bus is being operated from Kumbakonam Selvam Theatre to Manjambadi with permission to enter into the Kumbakonam bus stand. Accordingly, he requested the respondent not to prevent his mini bus from entering into the Kumbakonam Bus Stand. The said representation was not considered. As a result, the petitioner approached this Court by filing the Writ Petition in W.P.No.8704 of 2010 and this Court by order, dated 20.06.2011, has given a direction to the first respondent viz., the Regional Transport Authority, Thanjavur District to pass appropriate orders on his representation on merits and in accordance with law within a period of four weeks, till then, the respondents were directed not to interfere with the petitioner's running the mini bus. By virtue of the order, the petitioner has been operating the mini bus. In the meanwhile, the first respondent has passed the impugned order. The grievance of the petitioner against the impugned order is that when this Court in W.P.No.8704 of 2010, has directed the first respondent to consider and pass appropriate orders on his representation, dated 01.06.2010, the Motor Vehicles Inspector Grade-I, Kumbakonam has inspected the route without any notice to the petitioner and finally, he has submitted a report, dated 21.07.2011, mentioning that if the petitioner's mini bus is permitted to ply from Selvam Theatre to Kumbakonam Bus Stand, the length of served sector will be 8.3 k.ms. which will be in excess of 4 k.ms. norms fixed by the Government. Assailing the said portion of the order, it was contended that the Motor Vehicle Inspector Grade-I, Kumbakonam has not mentioned in his report, dated 21.07.2011 about the route particulars. 3. On 01.12.2011, this Court directed the learned Additional Government Pleader to produce the report of the Motor Vehicle Inspector Grade-I, Kumbakonam dated 21.07.2011. In the light of the earlier order, dated 01.12.2011, the report of the Motor Vehicle Inspector Grade-I, Kumbakonam was produced. A reading of the report, which is a one page report, shows that there was a Joint Inspection conducted and as per the report of the Joint Inspection, it has been noted that the served sector extends upto 8.3 Kms, whereas, the unserved sector is only 3.2 Kms. But the grievance of the petitioner is, when the Motor Vehicle Inspector Grade-I, Kumbakonam undertook her inspection with the Regional Transport Officer, Kumbakonam in the petitioner's route, the petitioner's presence is required. Because the petitioner is the only person who is aware of the route in which he is plying his mini Bus. While so, without giving notice to the petitioner, an inspection was conducted to measure the length of route which cannot be accepted by the petitioner as it is not known how the route was measured, therefore he contended that the respondents should have given prior notice to the petitioner by fixing a date of Joint Inspection to enable the petitioner to participate in the Joint Inspection undertook by the Motor Vehicle Inspector Grade-I. But, in the present case, neither any notice was given nor the petitioner took part in the Joint Inspection. Therefore, the Joint Inspection measuring the total length of route as 11.05 Kms. cannot be taken on account. This submission cannot be found fault with. Admittedly, no notice was given and it is not known, how and which route was measured behind the back of the petitioner. 4. Therefore, this Court directs the respondents to once again undertake a Joint Inspection for the purpose of preparing a report for measuring the total route and this has to be done along with the petitioner https://hcservices.ecourts.gov.in/hcservices/ 3 by giving advance notice of hearing. I also do not find any impediment in allowing the petitioner to be part of the Joint Inspection, that would be undertaken by the Motor Vehicle Inspector Grade-I. Accordingly, the respondents are directed to re-survey the route from Kumbakonam Selvam Theatre to Kumbakonam Bus stand. In the meanwhile, the petitioner's mini bus bearing Registration No.TN-32-N-0418 be allowed to enter into the Kumbakonam Bus stand as per the circular of the Transport Commissioner in Letter No.90919/E2/2000 dated 29.11.2000, till the final report is submitted. 5. With these observations, the Writ Petition stands allowed and the impugned proceedings passed by the first respondent-Regional Transport Officer, Kumbakonam stands set aside. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(C.S) To 1. The Regional Transport Authority, Kumbakonam, Thanjavur, Thanjavur District. 2. The Secretary, The Regional Transport Authority, Kumbakonam, Thanjavur District. +1. CC to Mr.A.C.Asaithambi, Advocate, SR.No.44229 +1. CC to the Special Government Pleader, SR.No. 45008 akv/ps W.P(MD)No.13158 of 2011 16.12.2011 TR : 04.01.2012: 3p/5c https://hcservices.ecourts.gov.in/hcservices/