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2009 DIGILAW 5029 (MAD)

The Regional Transport Authority, Tirupur Region, & Another v. Muthulakshmi & Another

2009-11-20

M.DURAISWAMY, SUDHANSU JYOTI MUKHOPADHAYA

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Judgment S.J. Mukhopadhaya, J. The learned single Judge, by the impugned common order dated 27. 2009 in W.P.Nos.14333 and 14334 of 2009, directed the appellants-State to receive the applications preferred by the respective writ petitioners (respondents herein), dated 21. 2009 and 21. 2009 respectively and to consider their cases for grant of two mini stage carriage permits to each of the writ petitioners, to ply on the route Veerapandi to Tirupur Old Bus Stand and the route K.Chettipalayam to Tirupur Old Bus Stand, respectively. The appellants-State being not satisfied challenged the said common order passed by the learned single Judge in these two Writ Appeals. 2. It will be evident that the respondents-writ petitioners when applied for such grant of two mini stage carriage permits for the routes in question, the appellants did not entertain the claim on the ground that the State Government has not issued any guideline for grant of mini stage carriage permits for the newly created Tirupur District. 3. The respondents-writ petitioners brought to the notice of the learned single Judge that the State Government had already issued guidelines for the erstwhile common District of Coimbatore, vide G.O.Ms.No.1532, dated 111. 1999, issued from Home (Transport-III) Department. The learned single Judge, having noticed the same, issued direction to consider their applications, in the light of the aforesaid G.O, dated 111. 1999. 4. The learned Additional Government Pleader appearing on behalf of the appellants, took similar plea that the said G.O., dated 111. 1999 regarding grant of transport permits, is not applicable for the newly created District of Tirupur. The said G.O. is applicable to the District of Coimbatore only. But we are not inclined to accept such submission for the reasons mentioned hereunder. 5. The District of Coimbatore consisted of Tirupur Sub-Division. For the whole area of Coimbatore District, including the Sub-Division/Town of Tirupur, the Government issued G.O.Ms.No.1532, dated 111. 1999, giving certain guidelines to issue mini stage carriage permits. After bifurcation of the erstwhile District of Coimbatore, carving out Tirupur as a separate District, if the State Government has not issued any fresh guidelines for the newly created District of Tiruppur, we are of the view that the earlier guidelines contained in G.O., dated 111. 1999 will be applicable for the said area, as it was in vogue before bifurcation, till the new guidelines are issued by the State. 6. 1999 will be applicable for the said area, as it was in vogue before bifurcation, till the new guidelines are issued by the State. 6. We find no merits in these Writ Appeals, which are accordingly dismissed. No costs. The Miscellaneous Petitions are closed.