1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).Nos.13930 to 13932 of 2011 S.Jayaseelan : Petitioner in W.P.(MD)No.13930/2011 M.Venkateswari : Petitioner in W.P.(MD)No.13931/2011 G.Subburaj : Petitioner in W.P.(MD)No.13932/2011 Vs. The Regional Transport Authority, Thoothukudi. : Respondent in all W.Ps. PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein viz., the Regional Transport Authority, Thoothukudi, to issue a reserve stage carriage mini bus permit in respect of petitioners' Mini Stage Carriage TN-69-AX-6565, TN-69-W- 0111 and TN-34-6726 as per proceedings made in R.Nos.30656/C1/2011, 30654/C1/2011 and 30655/C1/2011 dated 29.06.2011 respectively by the respondent herein. For Petitioner : M/s.T.Padmanabhan For Respondent : Mr.T.R.Janarthanan Additional Government Pleader COMMON ORDER The petitioners, who are the Mini Stage Carriage operators in Tuticorin District, have applied for issuance of spare minibus permit to maintain substituted services in case of breakdown, during the time of F.C. work and also to operate the vehicles on special occasion like fares, festivals etc. in the villages. 2. It appears that the respondent also has issued a proceedings in R.Nos.30656/C1/2011, 30654/C1/2011 and 30655/C1/2011 dated 29.06.2011 for reserve stage carriage mini bus permit to the petitioners for a period of five years with a direction to the petitioners to produce the Registration Certificate of the vehicles with valid tax, F.C. And IC within three months from the date of receipt of the proceedings. On that basis, though the petitioners have submitted their R.C. of the said vehicles with valid tax, FC and IC on 26.08.2011, 07.09.2011 and 22.09.2011 respectively in respect of their new mini bus bearing Registration Nos.TN-69-AX-6565, TN-69- W-0111 and TN-34-6726, so far the respondent has not issued the permit. As a result, the petitioners have also sent reminders on 09.09.2011 and 04.10.2011 requesting the respondent to issue permit. Even though the said reminder was acknowledged by the respondent on 12.09.2011 and 10.10.2011, as yet the respondent has not issued the permit which compelled the petitioners to come to this Court with the above mentioned prayer. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned Counsel appearing for the petitioner by bringing to the notice of this Court the proceedings passed by the Regional Transport Authority, Tuticorin, has submitted that the Regional Transport Authority, Tuticorin, has also issued a grant of reserve stage carriage mini bus permit to the applicants in respect of mofussil type of vehicle to be produced to ply and spare Mini bus in place of their route bus having valid permits issued by the Regional Transport Authority in the event of temporary break downs and F.C. works etc., for a period of five years. But, till date the respondent has not issued the relevant permit. 4. In reply, the learned Additional Government Pleader appearing for the respondent would submit that it is not the practice of issuing permit to the applicant if he is having more than one spare bus. Further, he would submit that the petitioners are operating only mini buses. Therefore, they cannot equate themselves with stage carriage operators. On that basis, the Regional Transport Authority, Tuticorin, has not issued permit to keep spare mini bus to the petitioners. 5. The said contentions are not in order in view of the earlier proceedings issued by the Regional Transport Authority, Tuticorin, vide R.Nos.30656/C1/2011, 30654/C1/2011 and 30655/C1/2011 dated 29.06.2011, wherein the Regional Transport Authority, Tuticorin has already come to the conclusion that the petitioner is eligible to hold one reserve stage carriage permit to maintain the operation efficiently without any interruption to provide a proper service to the public on special occasions in terms of Rule 176 (7) of the Tamil Nadu Motor Vehicles Rule, 1989, hence, I hold that the petitioners are entitled to have spare mini bus permits so as to meet any urgent contingencies. On this basis, this Court is inclined to direct the respondent to issue permits. Accordingly, the respondent is directed to issue necessary permits in respect of the petitioners reserve stage carriage mini buses bearing Registration Nos.TN-69-AX-6565, TN- 69-W-0111 and TN-34-6726, as per the proceedings passed by the respondent on 29.06.2011, within a period of four weeks from the date of receipt of a copy of this order. With the above directions, the writ petitions are ordered as prayed for. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The Regional Transport Authority,Thoothukudi. +one cc to Special Government Pleader, Sr.No. 44329 Order made in W.P.(MD).Nos.13930 to 13932 of 2011 srm/sma/09.1.2012/3c/2p Dated:- 16.12.2011 https://hcservices.ecourts.gov.in/hcservices/