J JEYASEELAN Vs. DISTRICT COLLECTOR-CUM-REGIONAL TRANSPORT AUTHORITY; SECRETARY, REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) Heard Mr. C.R. Krishnamoorthy, learned Counsel appearing for the petitioners and Mr. K.M. Vijayakumar, learned Special Government Pleader appearing for the respondents.

(2.) In these Writ Petitions, the prayer is to permit the petitioners, who are the stage carriage permit holders plying from various places to Thoothukudi, to go upto old bus stand via new bus stand between 06.00 a.m. to 06.00 p.m. every day. While the writ petitioner in W.P.(MD) No. 4571 of 2010 is a stage carriage permit holder in respect of the vehicle bearing Registration No. TN-69-R-3682 plying on the route from Kovilpatti to Thoothukkudi via Kamanayanpatti, Pasuvanthunai, Ottapidaram and Puthiamputhur, the writ petitioner in W.P.(MD) No. 4907 of 2010 is a stage carriage permit holder operating two stage carriage permits covered by the vehicles bearing Registration Nos. TN-69/T/5577 and TN-69AZ/1122 on the routes Sankarankovil to Tuticorin (Via) Kovilpatti, Thiruvenkadam etc. & Tuticorin to Masarpatti (Via) Kovilpatti, Irkkankudi, etc., the writ petitioner in W.P.(MD) No. 5001 of 2010 is a stage carriage permit holder operating the vehicle bearing Registration No. TN/67/AA 5577 on the route Tuticorin to Sivakasi (Via) Kovilpatti, Satur etc.

(3.) The common grievance of these petitioners is that the permit granted to them to ply and reach the destination at Thoothukudi is to terminate at old bus stand. However, when a new bus stand was constructed by the Municipality, a restriction was sought to be imposed by the respondents that the buses reaching Thoothukudi bus stand are to terminate at new bus stand, which has been constructed, during day time 06.00 a.m. to 06.00 p.m., while during night time 06.00 p.m. to 06.00 a.m., they are permitted to reach the old bus stand after touching the new bus stand. This conduct of the respondents is challenged in these Writ Petitions on the ground that when the original permit granted in their favour permits them to terminate at old bus stand, the restriction imposed to the above said effect that during day time 06.00 a.m. to 06.00 p.m., that permit holders are to terminate at new bus stand and it is only during night time 06.00 p.m. to 06.00 a.m., they should reach the old bus stand is arbitrary, especially when the State Transport Corporations are permitted to reach the old bus stand even during day times.