IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2009 CORAM: THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P. Nos.30474 to 30476 of 2008 S. Gayathiri Devi ...Petitioner (In WP No.30474/2008) V. Gowri ...Petitioner (In WP No.30475/2008) V. Rajeswari ...Petitioner (In WP No.30476/2008) Vs. 1.The Secretary, State Transport Authority, Union Territory of Pudhucherry, Pudhucherry. ... 1st Respondent in all Wps. 2. The State of Transport Authority, Tamil Nadu, Madras. ... 2nd Respondent in Wps 30474 & 30476/08 2. The State Transport Authority pudhucherry ... 2nd Respondent in W.P.No.30475/08 Prayer: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the State Transport Authority, Pondicherry to obtain the necessary concurrence from the State Transport Authority, Tamil Nadu in respect of the variation granted to the petitioners' stage carriage PY 01 Q 4114 since replaced by PY 01 AJ2424 on the route Pondicherry to Mailem in respect of the said stage carriage, the State Transport Authority, Pondicherry by proceedings in item No.5.TD.Ts/664/86 and its hearing held on 7.6.90,(in W.P.30474/08) PY 01 U 5787 since replaced by PY 01 Z 4554 by the State Transport Appellate Authority (STAT) in M.V.Appeal No.32 of 1989 dated 10.3.1993 (in W.P.30475/08), Item No.7-TD/T3/664/86 at its hearing held on 7.6.1990 in respect of stage carriage Py O/R 9459 since Replaced by PY 01 W 0333 (W.P.30476)and PY 01 R 9459 since replaced by PY 01 W0333 (in W.P.30476/08) respectively which has to grant concurrence and Counter Signature by virtue of Tamil Nadu State Act 41 of 1992. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr. C.S. Prakasa Rao For Respondents : Mr. T. Murugesan Govt. Pleader (Pondy) – R1 Mr.V.Manohar, GA for R2 COMMON ORDER These writ petitions have been filed to direct the State Transport Authority, Pondicherry to obtain the necessary concurrence from the State Transport Authority, Tamil Nadu in respect of the variation granted to the petitioners' stage carriage PY 01 Q 4114 since replaced by PY 01 AJ2424, PY 01 U 5787 since replaced by PY 01 Z 4554 and PY 01 R 9459 since replaced by PY 01 W0333 which has to grant concurrence by virtue of Tamil Nadu State Act 41 of 1992. 2. The petitioners are stage carriage operators. Such carriage permit has been issued by the Government of Pondicherry to ply from Pondicherry to various places in the State of Tamil Nadu, which has been duly counter signed by the State Transport Authority of Tamil Nadu. 3. As far as the present cases are concerned, each one of the petitioner sought for variation insofar as the permit granted both with regard to the destination and also the number of shifts. The said applications filed by the petitioners were disposed of by the first respondent/ State Transport Authority, Pondicherry by proceedings No. 5/TD/T3/664/85 dated 7.6.1990 in WP No. 30474/2008, Proceedings No.TD/T3/664/886 dated 24.1.89 in WP No. 30475 of 2008 and Proceedings No.7-TD/T3/664/86, dated 7.6.1990 in WP No. 30476 of 2008. The first respondent has granted permission for the variations sought for and forwarded the same to the second respondent/ State Transport Authority, Tamil Nadu. The present writ petitions have been filed stating that inspite of several remainders and intimations, the second respondent has not taken any action and therefore, the petitioners are constrained to file the present writ petitions. 4. At the time of final hearing of the matters, Mr.T.Murugesan, learned Government Pleader appearing for the Government of Pondicherry referred to the counter affidavit and submitted that insofar as the State Transport Authority, Union Territory of Pondicherry is concerned, the applications have been considered and permission has been granted for the variation. The file has been forwarded to the second respondent on 25.9.1990 for concurrence. 5. The second respondent was directed to be present either in person or through duly authorised officer and in response to the https://hcservices.ecourts.gov.in/hcservices/ Court notice. The Joint Commissioner of Transport Authority Mr.Radhakrishnan was present in Court. It is stated by the Officer that inspite of due diligence, they are unable to trace the file as which relates to the year 1990. 6. Copy of all the three proceedings of the first respondent/ State Transport Authority of Union Territory of Pondicherry have been handed over to the officer so as to take further steps in this regard. It is pertinent to point out that the writ petitions have been filed in the year 2008. 7. In such circumstances, the second respondent/ State Transport Authority, Tamil Nadu is directed to dispose of the issue relating to grant of approval/ concurrence on the variation permit granted by the first respondent/ State Transport Authority, Union Territory of Pondicherry after affording the petitioners an opportunity of personal hearing. The authority shall pass appropriate orders on its own merits and in accordance with law as early as possible preferably before the end of February 2010. These writ petitions are disposed of accordingly. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ra To 1. The Secretary, State Transport Authority, Union Territory of Pudhucherry, Pudhucherry. 2. The State of Transport Authority, Tamil Nadu, Madras. 3 cc to Mr.C.S.Prakash Rao, Advocate, Sr.No.67763, 67762 2 cc to Government Pleader, Sr.No.67646,67647,67796,67648 WP No. 30474 to 30476/2008 RV {CO} TP/12.1.2010. https://hcservices.ecourts.gov.in/hcservices/