1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.12706 of 2011 AND MP(MD)No. 1 of 2011 S.Nagarajan ... Petitioner Vs. 1. The Regional Transport Authority, Nagercoil, Kanyakumari District. 2. The Secretary, The Regional Transport Authority, Nagercoil, Kanyakumari District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to forbear the respondents from preventing the operation of petitioner's Mini buses bearing Registration Nos.TN-74-E-7683 and TN 74-E-6202 plying on the route from Mela Peruvilai to Asaripallam Medical College while operating from Vedasanthur Bus Stand (via), Mela Peruvilai, Pallavilai, Peruvilai, Kamarajar Silai, Ezhainger Narpanimandram, Parvathipuram Palam, RTO Officer, Vettoornimadam, Krishnankovil and Anna Silai. For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.T.R.Janarthanan, Additional Govt. Pleader O R D E R The petitioner was granted two mini bus permit by the first respondent, the Regional Transport Authority, Nagercoil, Kanyakumari District by proceedings dated 16.06.2000. Initially, the permit for the two mini buses were granted for a total length of route 6.5 k.m in which the served sector is 3.5 k.m and unserved the sector is 2.7 k.m. The two mini buses were operating from the rural area covering more than four villages. In view of the conversion of T.B.Hospital into a Medical College, the people those who are living in and around the said area are not covered with any transport facilities, therefore, the Government as well as the respondents have directed the mini bus operators, who are operating nearby the Asaripallam Medical College, to operate up to Asaripallam Medical College. Accordingly, the petitioner and other operators started operating the mini buses up to Asaripallam Medical College Hospital from the year 2005 onwards even though his terminal point is Melaperuvilai. However, in various decisions of this Court as well as the Apex Court, it was contended by the learned counsel for the petitioner that by keeping the interest of the traveling public, the transport facilities were extended beyond the limit fixed by the Government either by way of G.O. or by circular. When the G.O. as well as the circular issued by the Government permitted the mini bus operators to operate their mini buses beyond the terminal point, the respondents cannot prevent the petitioner's mini bus to operate from Melaperuvilai till Asaripallam Medical College. Therefore, the petitioner on objections received from the first respondent submitted a detailed representation dated 23.08.2011 to the respondents 1 and 2, but till date the grievance of the petitioner is, the respondents have not considered the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner's representation, in spite of various circular and G.O. permitting the mini bus operators to operate their mini buses to reasonable limit. On that basis, the learned counsel for the petitioner sought for only limited direction to the respondents to consider the pending representation of the petitioner within a reasonable time. 2. Mr.T.R.Janarthanan, learned Additional Government Pleader appearing for the respondents submits that the petitioner has been operating his mini bus beyond the limit permitted in the permit issued to him. However, if reasonable time is given by this Court to dispose of the pending representation, the respondents would be in a position to consider and pass appropriate orders on merits. 3. Recording the said submission of the learned Additional Government Pleader, the respondents are directed to consider the petitioner's representation dated 23.08.2011 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this Writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. SD ASST REGISTRAR ( AS ) /TRUE COPY/ SUB ASST REGISTRAR akv To 1. The Regional Transport Authority, Nagercoil, Kanyakumari District. 2. The Secretary, The Regional Transport Authority, Nagercoil, Kanyakumari District. 1CC TO MR. A.C. ASAITHAMBI, ADVOCATE, SR: 38716: 1CC TO THE SPL. GOVT PLEADER SR: 38774: DM::2011:NOVEMBER:25:: W.P.(MD)No.12706 of 2011 AND MP(MD)No. 1 of 2011 09.11.2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/