1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 20.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13159 of 2011 and M.P(MD)No.1 of 2011 M.Vadivel ..Petitioner Vs 1. The Regional Transport Authority, Kumbakonam at Thanjavur, Thanjavur District. 2. The Secretary, Regional Transport authority, Kumbakonam, Thanjavur District. ..Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent proceedings in R.No.33861/B1/2010, dated 28.07.2011 and to quash the same and further to direct the respondents to resurvey the route from Kumbeswaran Koil to Kumbakonam Bus Stand and permit the petitioner mini bus bearing Registration No.TN-68-A 5121 to enter into the Kumbakonam Bus Stand as per the circular of the Transport Commissioner in letter No.90919/E2/2000, dated 29.11.2000. For Petitioner :M/s.A.C.Asaithambi For Respondents :Mr.T.R.Janarthanam Addl.Govt.Pleader ORDER The petitioner M.Vadivel is a mini-bus operator operating a mini bus bearing Registration No. TN-68-A-5121 plying on the route Kumbeswaran Koil to Patteeswaram Anna Silai. It has been stated by the learned counsel for the petitioner that he got the mini-bus permit by way of transfer on 05.11.2009 from the earlier operator. The said mini bus was permitted to ply on the route of of Kumbeswaran Koil to Patteeswaram Anna Silai. But, it has no valid permission to ply is mini-bus to Kumbakonam Bus Stand. Therefore, he is not permitted to ply his mini-bus to Kumbakonam Bus Stand. When he was prevented from operating his minibus through Kumbakonam Bus Stand, the petitioner approached this Court in W.P.No.9525 of 2010 with a prayer to permit him to operate the mini-bus from the Kumbakonam Bus Stand and this Court has also granted an order of interim injunction in the said Writ Petition on 23.07.2010. Subsequently, by final order, dated 11.07.2011, this Court directed the Regional Transport Authority, Thanjavur to pass orders on the request made by the petitioner to operate from Kumbakonam Bus stand, provided it does not overlap the distance of 4 kms. Subsequent to the order passed by this Court, the respondent has passed the present impugned order, dated 28.07.2011 holding that when the Motor Vehicle Inspector Grade-I inspected the route in which he was granted permission to ply his mini- bus, the length of the served sector being 7.8 kms, the petitioner cannot be permitted to ply his vehicle upto Kumbakonam Bus Stand as it would otherwise in excess of 4 kms, the norm fixed by the Government. https://hcservices.ecourts.gov.in/hcservices/ 2 Challenging the said order,the petitioner has come to this Court with the present writ petition. 2.The learned counsel for the petitioner submits that when this Court has given a direction to the respondent to pass orders, it is incumbent upon the respondent to undertake joint inspection along with the petitioner on prior notice to the applicant. But before passing the impugned order, the respondent has undertaken the inspection without informing the petitioner, resultantly the respondent by undertaking the joint inspection improperly measured the length of the route. On that basis, he has come to this Court asking for a direction to the respondent to redo the joint inspection of the route along with the petitioner by giving prior notice. 3. The learned Government Advocate appearing for the respondent would also submit that it is not necessary for the respondent to undergo joint inspection as there is no such order passed by this Court. However, the impugned order does not mention the date on which inspection has taken place by Motor Vehicle Inspector Grade-I and from what place till which point the joint inspection has been completed. 4. In that view of the matter, this Court is inclined to direct the respondent to redo the joint inspection of the route by giving prior notice to the petitioner mentioning clearly that on what date they are going to undertake the joint inspection on the route so that it would be useful for both the petitioner and respondent to determine the proper length of the route in which the mini bus permit has been granted to the petitioner. 5. Accordingly, the impugned order is set aside. The joint inspection can be had within three weeks from the date of receipt of a copy of this order. Till the completion of the joint inspection, the petitioner mini-bus shall be allowed to ply in the said route through Kumbakonam Bus stand. 6. With these observations, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS) To 1. The Regional Transport Authority, Thanjavur, Thanjavur District. 2. The Secretary, Regional Transport authority, Kumbakonam, Thanjavur District. +1cc to Special government Pleader, Sr.No.45017 +1cc to M/s.A.C.Asaithambi, Advocate, Sr.No.44658 vsn GH : 04.01.2012 : 2p/5c W.P(MD)No.13159 of 2011 20.12.2011 https://hcservices.ecourts.gov.in/hcservices/