1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27/6/2011 CORAM THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.826 of 2011 G. Rajadeen :Petitioner -Vs- 1.The Regional Transport Authority, Theni, Theni District. 2.N.Senthilkumar 3.R.Seenivasan 4.Tamil Nadu State Transport Corporation (Madurai) Ltd, Dindigul Region, Dindigul. :Respondents (R.R. 2 to 4 impleaded as party respondents vide Court order dated 25/2/2011 made in M.P.(MD) No.1 of 2011.) 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 relating to the impugned order of the first respondent in R.No.16463/A2/2004 dated 11/1/2011 and quash the same and consequently direct the respondent to grant two permits in favour of the petitioner for the route as Theni Housing Board Colony to Arasu Nagar 1st Street Colony via Samadharamapuram in terms of the order dated 3/3/2010 passed by the State Transport Appellate Tribunal, Chennai in M.V.Appeal No.174 of 2009. (Prayer amended vide order of this court dated 25.2.2011 made in MP.No.2 of 2011) For Petitioner :Mr.G.R.Swaminathan For Respondents:Mr.T.S.Mohammed Mohideen,Addl. Government Pleader for R1. ORDER Challenging the impugned order of the first respondent dated 11/1/2011, the present writ petition is filed. 2.The case of the petitioner in a nut shell is stated hereunder:- He has submitted an application for grant of two mini stage carriage permits to ply on the routes from Theni Housing Board Colony to R.M.T.C Colony via Samadharamapuram, Nehru Statue, Palanichettypatti Cross, Jaganathapuram Vilakku and R.M.T.C Colony Junction. His application was rejected on 14/9/2006 by the first respondent. Therefore, the petitioner filed an appeal before the State Transport Appellate Tribunal, Chennai. The Tribunal has set aside the order of the first respondent and remitted the matter to the first respondent. However, the present impugned order came to be passed without taking into account the order of the State Transport Appellate Tribunal, Chennai dated 3/3/2010. Hence, the petitioner has come up with the present writ petition praying for the relief as stated therein. https://hcservices.ecourts.gov.in/hcservices/ 2 3.I have heard the learned counsel appearing for the petitioner and Mr.T.S.Mohammed Mohideen, Additional Government Pleader appearing for the first respondent. 4.The State Transport Appellate Tribunal, Chennai, by its order dated 3/3/2010 remanded the matter to the first respondent. The operative portion of the order is extracted hereunder:- "In view of the findings for point No.(i), the appeal is to be allowed and the order of the respondent is to be set aside and the matter is to be remitted back to the respondent for fresh consideration with a direction to grant the permit in the above said modified route, if all the norms prescribed by the G.O., Motor Vehicles Act and Rules are complied with by the appellant, subject to seniority and vacancy and this point is answered accordingly. In the result, the appeal is allowed and the order of the Regional Transport Authority, Theni District made in his proceedings R.C.No.16463/A2/2005 dated 14/9/2006 is set aside and the matter is remitted back to the respondent for fresh consideration with a direction to grant the permit in the modified route. If all the norms prescribed by the G.O., Motor Vehicles Act and Rules are complied with by the appellant, subject to seniority and vacancy within 3 months from the date of receipt of the copy of this judgment along with the connected records." While so, without any reference to that order, the impugned order came to be passed. 5.In view of the above stated position, it would be just and reasonable to set aside the order passed by the first respondent dated 11/1/2011 and remit the matter to the first respondent to pass orders afresh, considering the order passed by the State Transport Appellate Tribunal, Chennai dated 3/3/2010. The said exercise has to be carried out within a period of eight weeks from the date of receipt of a copy of this order, after hearing the parties concerned. 6.This writ petition is ordered accordingly. No costs. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To:1.The Regional Transport Authority, Theni, Theni District. 2.The Tamilnadu State Transport Corporation(Madurai)Ltd, Dindigul Region. Copy To:The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. +1CC to The Special Government Pleader. SR.No.20411. Mvs. W.P.(MD)No.826 of 2011 RP/14.07.2011/2P/5C. 27/6/2011 https://hcservices.ecourts.gov.in/hcservices/