1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)Nos.1252 & 1253 of 2011 and M.P.(MD).Nos.2&3 of 2011 K.Faridha ...Petitioner in W.P(MD).No.1252/11 T.Anusia ...Petitioner in W.P(MD).No.1253/11 Vs 1)M.Veeraraj (Since deceased) rep.by his Legal representative his son M.V.Sundaram,Kumbakonam 2)The Regional Transport Authority, (Kumbakonam), Tanjore District. ... Respondents in both WPs Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of Writs of Certiorari to call for the records of the second respondent made in R.No.49191/B1/2010 dated 03.01.2011 in granting extension on the route from Uchipillaiyar Koil to New Bus Stand in respect of the mini bus route Sundaraperumal Koil to Uchipillaiyar Koil and quash the same. For Petitioners : Mr.M.Palani For R.1 : Mr.A.C.Asaithambi For R.2 : Mr.P.Thilak kumar Addl.Govt.Pleader COMMON ORDER By consent, these Writ Petitions are taken up together and disposed of by a common order. 2. These Writ Petitions have been filed challenging the impugned orders of the second respondent dated 03.01.2011 in granting extension on the route from Uchipillaiyar Koil to New Bus Stand in respect of the mini bus route Sundaraperumal Koil to Uchipillaiyar Koil. 3. The learned counsel for the petitioners fairly submit that against the orders of the second respondent, an appellate remedy is available under Section 89 of the Motor Vehicle Act before the State Transport Appellate Tribunal. 4. In view of the same, these Writ Petitions are disposed of with a direction to approach the appellate authority challenging the orders of the second respondent. The petitioners have been granted 15 days time to file such appeal before the appellate tribunal. 5. However, the question that arises for consideration is whether the order of stay or status quo granted by this Court shall be directed to be maintained by the parties concerned till the disposal of the stay application before the appellate Tribunal. https://hcservices.ecourts.gov.in/hcservices/ 2 6. It is contended by the learned counsel for the petitioners that status quo shall be maintained by the parties concerned till the disposal of the stay application before the appellate Tribunal. Per contra, it is contended by the learned Additional Government Pleader and the learned counsel appearing for the first respondent in the Writ Petitions that such orders cannot be passed. 7. The learned counsel appearing for the first respondent in the Writ Petition has drawn my attention as to the order passed by me in W.P(MD).No.9958 of 2007, dated 16.04.2008, wherein relying on the Division Bench order of this Court, which has deprecated the practice of granting of interim orders in the matter of this sort, refused to grant interim order. 8. However, the learned counsel appearing for the Writ Petitioner relied on the orders passed by this Court made in W.P.Nos.12907,12909 of 2002 and 13747 of 2002 dated 28.02.2011 and contended that the interim orders were directed to be continued till the disposal of the stay application, by the appellate authority. Hence, he submits that status quo shall be ordered, so that the parties can maintain the present position. 9. The orders referred to by the learned counsel for the petitioners are of the orders of the learned Single Judge. However, the Division Bench in Writ Appeal in W.A.(MD).No.1590 of 2004 dated 05.01.2005 deprecated the practice of granting interim order of this sort. Hence, I am not inclined to extend the interim stay that has been granted by this Court till the disposal of the stay application before the appellate Tribunal. 10. As stated in para 4, these Writ Petitions are disposed of only with a direction to the petitioners to approach the appellate forum by giving liberty to file an application before the said forum within 15 days from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are also closed. No costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To The Authorised Officer, The Regional Transport Authority, (Kumbakonam), Tanjore District. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.8233 +1CC TO MR.A.C.ASAITHAMBI, ADVOCATE SR.7972 +1CC TO MR.M.PALANI, ADVOCATE SR.7861 Ssm : SR : 31.03.2011 : 2p/5c W.P.(MD)Nos.1252 & 1253 of 2011 24.03.2011 https://hcservices.ecourts.gov.in/hcservices/