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2010 DIGILAW 3882 (MAD)

Tuticorin District Consumer Protection Peravai v. The Government of Tamil Nadu

2010-08-31

D.HARIPARANTHAMAN

body2010
Judgment :- 1. This Writ Petition has been filed directing the 1st respondent not to alter or change the movement of buses to and from the Anna Bus stand (Popularly known as old Bus Stand) at Tuticorin except otherwise in accordance with law. 2. The operation of the buses from Anna Bus Stand in Tuticorin is the issue in this writ petition. It is a checkered history. The buses were operated from the bus stand that was in the middle of the town. It was in an area of 1.15 acres of land. This bus stand is called the old bus stand (Anna Bus Stand) 3. While so, new bus stand was constructed in an area of 13.44 acres of land on the northern side of the town. The distance between the old bus stand and the new bus stand is one kilometer. A batch of writ petitions were filed relating to operations of buses from the new bus stand. The batch of writ petitions were disposed of on 10.02.1999. Para 20 of the order passed in the batch of writ petitions is as follows - "20. there is no dispute that power to shift a public bus stand to a new site vests with the Regional Transport Authority when there are more than one public bus stand in the area. Rule 245 of the Tamil Nadu Motor Vehicles Rules prescribes the procedure to be followed by the Regional Transport Authority in the matter of shifting of a public bus stand. Even though, each of the petitioners herein have their own grievances in the matter of shifting of the public bus stand, as urged before this Court, in my considered opinion, it would not be proper for this Court either to go into the merits and demerits of the grievances of each petitioner at this stage. Even though, each of the petitioners herein have their own grievances in the matter of shifting of the public bus stand, as urged before this Court, in my considered opinion, it would not be proper for this Court either to go into the merits and demerits of the grievances of each petitioner at this stage. Under the facts and circumstances of this case, it is suffice (i) to direct the Local Body of the Tuticorin Municipality to convene a Council Meeting, if necessary even an extraordinary council meeting, to discuss the subject of shifting of the bus stand to the new site viz., Ward No.4, Sankarpeti Village of Tuticorin Municipal Limits and to take appropriate decision within two months from the date of receipt of copy of this order and to communicate the same to the Regional Transport Authority (ii) the petitioners in each of the above Writ Petitions are permitted to make representations, setting forth their grievances, to the Regional Transport Authority, within two months from the date of receipt of copy of this order, (iii) the Regional Transport Authority, on receipt of such resolutions of the Local Body of the Tuticorin Municipality and the representations of the petitioners in the above Writ Petitions, shall convene a conference, after giving notice to the petitioners herein as well as to the Tuticorin Municipality and also sufficient opportunity of being heard to the Stage Carriage Operators, operating their stage carriers within the Tuticorin Municipality limits and then pass appropriate final orders as the authority may deem fit and necessary in due compliance of rule 245 of the Rules, within five months from the date of receipt of copy of this order and such final orders of the Regional Transport Authority shall be binding on all the parties and the same shall be strictly adhered to and implemented, and (iv) till the Regional Transport Authority passes final orders as indicated above, the present interim arrangement made by the Regional Transport Authority under the proceedings dated 28.2.1995 shall operate". 4. Pursuant to the said order dated 10.02.1999, the second respondent herein who is also the Regional Transport Authority passed an order dated 16.10.1999 relating to the operation of the buses in the old bus stand and new bus stand. The Relevant portion of the said order dated 16.10.1999 is as follows - TAMIL 5. 4. Pursuant to the said order dated 10.02.1999, the second respondent herein who is also the Regional Transport Authority passed an order dated 16.10.1999 relating to the operation of the buses in the old bus stand and new bus stand. The Relevant portion of the said order dated 16.10.1999 is as follows - TAMIL 5. While so, the petitioner herein apprehends that the operation of the buses from old bus stand could be stopped altogether and thus operations could be shifted to new bus stand. Clause 2 of the aforesaid order dated 16.10.1999 is heavily relied upon, contending that as per the present scheme, the buses go to southern side and western side of Tuticorin are to be operated from old bus stand. Their apprehension is that this clause could be varied to the disadvantage of the users of the old bus stand. It is also their apprehension that the existing arrangement that provides for taking the passengers to old bus stand from new bus stand, by the buses that have terminus at new bus stand, between 6.00 a.m. and 6.00 p.m. can be discontinued. 6. In these circumstances, the petitioner has filed the present writ petition for a direction to the first respondent not to alter or change the movement of buses from and to Anna Bus stand (Popularly known as old Bus Stand) at Tuticorin except otherwise in accordance with law. When the matter came up for admission, notice of motion was ordered and an interim order was also granted. Respondents 4, 5 and 6 were impleaded by way of order of this Court dated 11.08.2010 made in MP No.2 & 3 of 2010 in WP No.12444/2010 and order of this Court dated 27.08.2010 made in MP No.4 of 2010 in WP No.12444/2010. 7. Respondents 2, 4, 5 and 6 filed counter affidavit. Though various contentions were raised on both sides, all agreed that the writ petition could be disposed of by directing the second respondent not to alter or vary the movement of buses to and from the Anna Bus stand (old bus stand) as provided in the existing scheme in the order dated 16.10.1999 of the second respondent except in accordance with law. That is, any new scheme in the place of the scheme as provided in the order dated 16.10.1999 of the second respondent should be issued only in accordance with law, as was done in issuing the order dated 16.10.1999. 8. While deciding the issue in accordance with law, the second respondent is directed also to hear the petitioner as well as the respondents 4 to 6 and all other relevant parties and dispose of the matter within a period of twelve weeks from the date of receipt of a copy of this order. 9. With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition are closed.