1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(md).No.9048 of 2011 S.Ayyappan : Petitioner Vs. 1.The Regional Transport Authority, Dindigul. 2.The Secretary, Regional Transport Authority, Palani, Dindigul District. 3.Dhandapani : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the 1st respondent to initiate action against the 3rd respondent under Sec.86 of the Motor Vehicles Act, 1988 read with Rule 205 of Tamil Nadu Motor Vehicles Rules for violation of conditions of permit. For Petitioner : Mr.T.Padmanaban For Respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader ORDER The case of the petitioner is that he is a stage carriage operator, operating vehicle bearing on the route from Palani Bus stand to Manjanacikenpatti for a long time. As per G.O.Ms.NO.1547/99 dated 17.11.1999, private bus operators are permitted to ply the bus to a distance of 4 kms in the served sector and 16 kms in unserved rural areas and thus not exceeding 20 kms, in total. It is the grievance of the petitioner that one Mr.Dhandapani, the third respondent herein has obtained a permit to ply his stage carriage bus bearing Regn.No.TMB-7347 from Palani Bus stand to Varadhapuram (via) Ayakudi is operating the stage carriage, contrary to permit conditions and he exceeds 4 kms in the served sector. The details of permit given in the supporting affidavit are as follows: “Unserved Sector as per permit :7.00 kms Served sector as per permit :3.90 kms total :10.90kms Govt. Boys Middle School to Palani B.S :0.50 kms Existing Served sector :3.90 kms Total served sector :4.40 kms” The further contention of the petitioner is that though a representation dated 01.08.2011 was submitted to the Regional Transport Authority, Dindigul ventilating his grievance, against the third respondent, there was no response. In the abovesaid circumstances, Writ of mandamus has been sought for. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Heard the learned counsel for the petitioner and learned Additional Government Pleader for the respondents. 3.Considering the relief sought for, this Court is not inclined to grant the same as it involves verification of facts to be done by the competent authority under the Motor Vehicles Act, 1988. However, on the basis of the facts pleaded, this Court is of the view that it is suffice to direct the respondents 1 & 2 to consider and pass orders on the representation of the petitioner dated 01.08.2011. Before taking any decision, the respondents 1 & 2 are directed to issue due notice to the third respondent, who is alleged to have violated the permit conditions. The said exercise shall be completed within a period of one month from the date of receipt of a copy of this order. 4.This Writ Petition is disposed of accordingly. Consequently, connected M.P.No.1 of 2011 is closed. No costs. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar To 1.The Regional Transport Authority, Dindigul. 2.The Secretary, Regional Transport Authority, Palani, Dindigul District. + ONE CC TO SPECIAL GOVERNMENT PLEADER, SR 27434 VS PJ : 25.08.2011 : 2P/4C W.P.(MD)No.9048 of 2011 11.08.2011 https://hcservices.ecourts.gov.in/hcservices/