1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23/6/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.6566 of 2011 and MP(DM)Nos.1 and 2 of 2011 P.Sivanantham ... Petitioner Vs. 1. The Regional Transport Authority Srirangam, Tiruchirapalli 620 005. 2. The Regional Transport Officer Srirangam, Tiruchirapalli 620 005. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorarified mandamus to call for the records pertaining to the order of the second respondent passed in Na.Ka.No.10687/E1/2011 dated Nil/05/2011 signed by the second respondent on 8/6/2011 and quash the same and to forbear the respondents, their subordinates from preventing the petitioner's mini bus bearing Registration No.TN50-6333 while plying from Samayapuram Arch (Maruthur), Kadai Veethi, four roads, Rasaiyan Kovil, Vengankudi Rope Mill, Bridge, Nangamangalam Chathiram, Kalpalayam Road, Seedevimangalam Arch, South Street, Company Street, Manachanallur Ethulamalai Pirivu Trichy District with usual timings. For Petitioner : Mr.A.Rahul For Respondent : Mr.T.S.Mohammed Mohideen AGP - - - - - O R D E R By consent, the main writ petition itself is taken up for final disposal. 2. Challenging the impugned order dated 8/6/2011 of the second respondent, the present writ petition has been filed. 3. The short matrix of the matter is set out hereunder:- The first respondent has granted Mini bus permit to the petitioner by his proceeding dated 22/5/2011 to run the stage carrier. Since there are huge trenches in the middle of the road, a bridge on the Panchayat road is in a dilapidated condition; that a well is also situated in the main road without parapet wall, the petitioner made a representation dated 12/4/2004 to the first respondent to operate his Mini bus in an alternative route. Since no orders have been passed, the petitioner was constrained to file W.P.No.12427 of 2004 before the Principal Bench for a mandamus directing the first respondent to permit https://hcservices.ecourts.gov.in/hcservices/ 2 him to operate the mini bus in an alternative route mentioned in the said writ petition. The said writ petition was disposed of with a direction to the first respondent to dispose of the representation. Thereafter, the impugned order came to be passed rejecting the claim of the petitioner. Hence, the petitioner has approached this Court by way of filing the present writ petition. 4. In and by the said order, the claim of the petitioner was rejected on the ground that the inspection has been made and a report has been filed by the authority concerned, wherein, it has been made very clear that the route in which the petitioner operating the mini-bus is well in order and hence, permission cannot be granted to run the mini bus on an alternative route. 5. The only contention that has been raised by the learned counsel for the petitioner is that the said report has not been furnished to the petitioner and no opportunity has been given to the petitioner before passing the order. I am of the considered view that such plea taken by the petitioner through his counsel is liable to be rejected. The report filed by the authority concerned need not be furnished to the petitioner. The petitioner is not raising any mala fide against the authorities who has passed the impugned order. That apart, the authority concerned is the best judge to decide whether the road is in proper condition or not on the basis of the report submitted to him and the same cannot be considered by this Court, by exercising power under Article 226 of the Constitution of India. In fact when the counsel for the petitioner was asked whether an Advocate Commissioner could be appointed to inspect the road condition and to report to this Court, there was no favourable response from him. 6. Taking such view, I am not inclined to interfere with the order of the second respondent dated 8/6/2011 7. In fine, the writ petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Regional Transport Authority Srirangam, Tiruchirapalli 620 005. 2. The Regional Transport Officer Srirangam, Tiruchirapalli 620 005 + 1 cc to The Special Government Pleader, SR No.20024 + 1 cc to Mr.A.Rahul, Advocate, SR No.20160 W.P.(MD)No.6566 of 2011 23/6/2011 mvs. RJ/4.7.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/