1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2011 CORAM: THE HONOURABLE MR. JUSTICE T.RAJA W.P.(MD).No.12264 of 2011 A.Sarojini ... Petitioner vs. The Regional Transport Authority, Dindigul. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondent herein to permit the petitioner's Mini Bus TN-33/L-1894 to go inside the Palani Bus Stand, as per the Transport Commissioner's Circular letter in R.No.90919/E2/2000, dated 29.11.2000, while plying on the route, “PALANI RAILWAY STATION to PUDHU NAGAR SIVANKOIL”. For Petitioner : Mr.K.Hariharan For Respondent : Mr.T.R.Janarthanan Additional Government Pleader O R D E R The petitioner has filed the present writ petition seeking writ of mandamus to direct the respondent, the Regional Transport Authority, Dindigul to permit the petitioner's Mini Bus bearing Registration No.TN- 33/L-1894 to go inside the Palani Bus Stand, as per the Transport Commissioner's Circular letter in R.No.90919/E2/2000, dated 29.11.2000, while operating on the route, “PALANI RAILWAY STATION to PUDHU NAGAR SIVANKOIL”. 2. The learned counsel appearing for the petitioner submits that the petitioner is holding Mini Bus permit issued by the respondent, the Regional Transport Authority, Palani for the route, “PALANI RAILWAY STATION to PUDHU NAGAR SIVANKOIL”. By virtue of the said permit issued to her, she has been catering to the needs of the travelling public with utmost care. Whileso, in the year 2000, the State Government has taken a policy decision to permit the Mini Buses to go inside the bus stand for the purpose of travelling village public to enjoy the full benefit of the Mini Bus Scheme. As per the said circular issued by the Transport Department, the Government has taken policy decision permitting the Mini Bus to enter into the bus stand for the purpose of giving the benefit of the scheme to the villagers in full subject to the condition that the over lapping distance of 4 kms should not exceed in the served Sector. The circular further says that the existing operators under the old scheme may be permitted to switch over to the new scheme on priority basis. Their applications need not be treated as new ones and placed in the queue as this involves substitution of the routes only. On that basis, the learned counsel appearing for the petitioner stated that the petitioner also should be permitted to go inside the Palani Bus Stand. In support of his submission, he relied upon several orders passed by this Court in W.P.No.38022 of 2003 dated 24.12.2003, W.P.No.4966 of 2006 https://hcservices.ecourts.gov.in/hcservices/ 2 dated 22.02.2006 and one more order passed by this Court in W.P.No.47673 of 2006 dated 11.12.2006. In this context, it is also relevant to extract one of the orders passed by this Court in W.P.No.4966 of 2006 dated 22.02.2006 as follows: “Considering the similar order passed in W.P.No.38022 of 2003 dated 24.12.2003, the writ petition is allowed subject to the condition that the petitioner complies with condition No.1 found incorporated in the letter of the Transport Commissioner dated 29.11.2000. No costs.” 3. The learned Additional Government Pleader takes notice for the respondent. 4. After having perusal of the circular issued by the Government of Tamil Nadu in letter R.No.90919/E2/2000, dated 29.11.2000 to all the Regional Transport Officers to take necessary action by implementing the said circular, he has no further argument to oppose the prayer sought for by the petitioner. Admittedly, this is a case, where the petitioner was issued with a Mini Bus permit by the Regional Transport Authority, Dindigul for the route “PALANI RAILWAY STATION to PUDHU NAGAR SIVANKOIL” and subsequently, the circular issued in the year 2000 and in the same year the State Government has also taken a policy decision to permit the Mini Bus to go inside the bus stand, so that the travelling village public will have the full benefit of Mini Bus scheme. When the scheme itself states that the Government has taken a policy decision by permitting the Mini Bus to enter into the bus stand so that the benefit of the scheme reaches the villagers in full subject to the condition that the over lapping distance of 4 kms served sector, this will apply to the petitioner's case also. This case has been covered by various orders passed by this Court as mentioned above. 5. Under the circumstances, this Court is also inclined to follow the same order by directing the respondent to permit the petitioner's Mini Bus bearing Registration No.TN-33/L-1894 to go inside the Palani Bus Stand, as per the Transport Commissioner's Circular letter in R.No.90919/E2/2000, dated 29.11.2000, while operating on the route, “PALANI RAILWAY STATION to PUDHU NAGAR SIVANKOIL”. It is also made clear that this writ petition is allowed subject to the condition that the petitioner complies with condition No.1 found incorporated in the letter mentioned above issued by the Transport Commissioner of Tamilnadu. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To The Regional Transport Authority, Dindigul. +1 CC to Mr.K.Hariharan, Advocate (SR.No.37013) W.P.(MD).No.12264 of 2011 29.10.2011 Ns NSV/4.11.11/2P/3C https://hcservices.ecourts.gov.in/hcservices/