Research › Search › Judgment

Madras High Court · body

2007 DIGILAW 1299 (MAD)

R. Subramanian v. The Tamilnadu State Transport Corporation & Another

2007-04-12

K.RAVIRAJA PANDIAN

body2007
Judgment :- The petitioner filed the writ petition seeking for the relief of issuance of writ of mandamus to forbear the second respondent – the Secretary, Regional Transport Authority, Nagapattinam, from allowing the first respondent’s vehicle bearing registration number TN-49/N-0786 or any of its other vehicle to ply on the route Nagapattinam to Vedaranyam by adopting the running time of 1 ½ hours against the scheduled running time of 2 hours forthwith. 2. The case of the petitioner is that the petitioner is a stage carriage permit holder covered by vehicle No.TN-63/Y-0796 for the route Kodiakarai to Nagore (via) Vedaranyam, Kallimedu, Thalanthiruvasal, Velanganni and Nagapattinam. The first respondent is a public sector undertaking holding the permit issued by the Regional Transport Authority, Nagapattinam for the route Nagapattinam Vedaranyam, which is a part of petitioner’s route Kodiakarai to Nagore and the common sector is 45 kilo meters. So far as the timing schedule as fixed for the buses covering the area from Nagapattinam to Vedaranyam is concerned, the running time is fixed as 2 hours for the distance of 45 kilo meters in respect of all the stage carriages. For the past three years, the first respondent has been operating the vehicle on the route Nagapattinam to Vedaranyam with a running time of 1 ½ hours and thus over crossing the other vehicles on the sectors of the route and creating unhealthy competition. Hence, the petitioner was constrained to make a representation to the Secretary, Regional Transport Authority, Nagapattinam in this behalf on 20.11.2000. But no action has been taken. The petitioner is aggrieved against the operation of the passenger service of the first respondent without regard to the statutory schedule of timings. Hence, the writ petition is filed with the prayer as stated above. 3. The first respondent filed counter contending that the first respondent Corporation is operating certain vehicles as “Limited Stop Service” on the route Vedaranyam to Nagapattinam on the representation made by the public, consumer orgainsation and also in accordance with the guidelines issued by the Government in letter No.17503/b1/98-2 dated 9. 1998. The Limited Stop Services are operated in the interest of the traveling public without collecting any additional fare. This service was introduced on the basis of requests made by the Consumer councils without any discomfort to enroute passengers. 1998. The Limited Stop Services are operated in the interest of the traveling public without collecting any additional fare. This service was introduced on the basis of requests made by the Consumer councils without any discomfort to enroute passengers. The petitioner’s stage carriage has to stop in all stopping places for picking up and allowing the passengers to get down. The timings have been fixed accordingly. There is no loss of revenue to the petitioner due to the introduction of Limited Stop Service as the petitioner is picking up the passengers from all the bus stops. The service of the respondent is operated within 2 hours time from Nagapattinam to Vedaranyam. The petitioner is benefited as he can pick up passengers from the stops where the respondent’s vehicles do not stop due to Limited Stop Service. By saying so, it is affirmed that the first respondent has not violated the timings and they are running as per the timings fixed by the authorities. 4. While making submissions, learned counsel for the first respondent Corporation submits that if the authorities found any violation on the part of the first respondent, it is well open to the authorities to take action against the first respondent. 5. I heard the argument of the learned counsel on either side and perused the materials on record. 6. As the issue is now virtually thrashed down by the parties themselves by contending that the first respondent is operating its buses within the timing prescribed by the authorities only, I am of the view that the writ petition can be disposed of with a direction to the statutory authority – second respondent herein to take appropriate action, if any one of the operator contravenes the timings as fixed by them in the route, which is the subject matter of the writ petition. 7. Accordingly, the writ petition is disposed of with a direction to the statutory authority – second respondent herein to take appropriate action, if any one of the operator contravenes the timings as fixed by them in the route, which is the subject matter of the writ petition, in accordance with law. No costs.