1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.1171 of 2011 & M.P.(MD).No.1 of 2011 K.Kirubakar ... Petitioner Vs. The Regional Transport Authority Thanjavur. .. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus directing the respondents herein to consider and pass orders on the representation dated 08.12.2010 made in 40873/B1/2010 PSP/19/KMN/2010 requesting for diversion of my vehicle TN 01 N 0623 to ply on an alternative route on temporary basis skipping the stretches between Mathakoil Street to Pursakkudi, till the road is completely repaired or re-laid. For Petitioner :Mr.T.Padmanabhan For Respondent :Mr.Ts.Md.Mohideen AGP ORDER The petitioner is a mini bus operator plying the road from Melattur Bus Stop to Pasupathikoil Theatre (via) Agaramangudi, Madhakoil Street, Purasakkudi, Serumakkanallur, Ayyampettai, Railway Station Road. The registration number of the vehicle owned by the petitioner is TN-01 N 0623 and he has obtained the said permit by transfer from another operator with effect from 20.10.2010. 2. It is the case of the petitioner that the route in which he is plying in certain areas more particularly from Mathakoil Street to Pursakkudi was heavily damaged and he is having difficulty in operating the mini bus. He also requested the respondent to rectify the damaged route and till such time diversion of his vehicle to ply on an alternative route on temporary basis till the road work is completely repaired or relaid. It is claimed that the said request was made on the convenience of the Public alone and the representation was sent on 08.12.2010 and acknowledged by the respondent. 3. It is stated that the deviation of the route was only for a temporary duration and since the said stretch in which the vehicle is plying is unfit for traffic, the authorities can allow the vehicle of the petitioner to ply temporarily under Section 87(C) of the Motor Vehicles Act till the road becomes motorable. The respondent, the Regional Transport Authority, Thanjavur, so far not rejected the representation of the petitioner nor accepted. Therefore, he sought for a direction from https://hcservices.ecourts.gov.in/hcservices/ 2 this Court to consider his representation dated 08.12.2010 and also to allow him to ply in the alternative route between Mathakoil Street and Pursakkudi. 4. When the matter came up for admission on 01.02.2011, this Court ordered notice to the respondent. 5. The learned Additional Government Pleader taking notice on behalf the respondent strenuously refused the contention raised by the petitioner. It is stated on instructions that the said route is in a motorable condition and it does not require any consideration from this Court. 6. In the light of the stand taken by the respondent, this Court is unable to consider the request of the petitioner. It must be noted that mini bus route permit is given by the State Government for operating in mini areas where normally transport was not available and more particularly to link the rural areas. The permit given to a mini bus operator is only for four kilometers and they cannot ply in urban areas. Therefore, the purpose of a mini bus operator is to link rural areas, which has no motor transport operation till date. 7. Under the guise of making representation on the ground that the particular road is not motorable, the petitioner cannot seek for an alternative route thereby not only changing the route permit, but also affect the other operators who are plying in the said areas. Since the stand of the respondent that the route is not damaged, the present request of the petitioner cannot be countenanced by this Court. The writ petition stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs. jikr Sd/- Assistant Registrar[Crl side] /True copy/ To Sub Assistant Registrar THE REGIONAL TRANSPORT AUTHORITY, THANJAVUR. +1 CC TO M/S.T.PADMANABHAN, ADVOCATE SR.NO.42870. +1 CC TO SPECIAL GOVERNMENT PLEADER, SR.NO.43120. Order made in W.P.(MD)No.1171 of 2011 & M.P.(MD).No.1 of 2011 Dated:08.12.2011 2P/4C RPB : 16.12.2011 https://hcservices.ecourts.gov.in/hcservices/