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2019 DIGILAW 416 (MAD)

B. Babulal v. District Collector Cum, Regional Transport Authority, Trichy

2019-02-12

ABDUL QUDDHOSE

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JUDGMENT : 1. The instant writ petition has been filed, seeking for a writ of Mandamus, directing the respondents to permit the petitioner's mini bus bearing Registration No. TN 31 7412 to enter into the Thuraiyur Bus Stand instead of Thuraiyur Ceylon Office as per Transport Commissioner's Circular in R.No.90919/E2/2000, dated 29.11.2000. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3. It is the case of the petitioner that the distance between the Thuraiyur Ceylone office to Thuraiyur Bus Stand is only 100 meters. According to the petitioner, the petitioner's mini bus is operating within the distance of 3.85 kilometres in the served area and since the Thuraiyur Bus Stand is only 100 meters away from Thuraiyur Ceylone Office, the said distance if added will workout to only 3.95 kilometres, which is within the permissible limit of 4 kilometres as per the circular of the Transport Commissioner, dated 29.11.2000. Therefore, according to the petitioner, the petitioner's mini bus shall be permitted by the respondent to enter into the Thuraiyur Bus Stand. 4. Per contra, the learned Additional Government Pleader for the respondents would submit that the distance between the Thuraiyur Ceylone Office from where the petitioner's mini bus is now operating to Thuraiyur Bus Stand is approximately 1.5 kilometres and if the request of the petitioner is to be considered, he exceeds the permissible limits as prescribed under the Transport Commissioner's Circular dated 29.11.2000. It is also represented by the learned Additional Government Pleader that only to give benefit to the villagers, the said scheme was introduced by the Government, permitting the operators of private mini buses to enter into the Thuraiyur Bus Stand. 5. The petitioner has given a representation dated 28.03.2018 to the respondents, requesting them to permit his mini bus to enter into the Thuraiyur Bus Stand, in view of the circular of the Transport Commissioner, dated 29.11.2000. The respondents have not given their response to the representation dated 28.03.2018 sent by the petitioner, which necessitated the petitioner to file the instant writ petition. 6. Considering the facts and circumstances of the case and the prayer sought for in the writ petition, this Court is of the considered view that the respondents shall consider the representation dated 28.03.2018 made by the petitioner objectively, with the materials available on record. 7. 6. Considering the facts and circumstances of the case and the prayer sought for in the writ petition, this Court is of the considered view that the respondents shall consider the representation dated 28.03.2018 made by the petitioner objectively, with the materials available on record. 7. In the result, this Court directs the respondents to consider the representation made by the petitioner dated 28.03.2018, requesting them to permit his mini bus to enter into the Thuraiyur Bus Stand, objectively, after considering the relevant materials including the report of the Motor Vehicle Inspector and after giving due opportunity to the petitioner, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 8. Earlier, this Court granted an order of interim injunction dated 31.05.2018, restraining the respondents from preventing the petitioner's mini bus bearing Registration No.TN 31 7412 to enter into the Thuraiyur Bus Stand, pending disposal of the writ petition. Since the writ petition is now disposed of, the said order of interim injunction shall continue in favour of the petitioner, till the representation of the petitioner, dated 28.03.2018 is disposed of by the respondents as directed by this Court. 9. With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.