P S SHANMUGASUNDARAM Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE petitioner is a single mini bus operator. THE first respondent granted mini bus permit to the petitioner by an order dated 17.02.2004 for five years from 17.02.2004 to 16.02.2009 to ply on the route Kodumudi Bus Stand to Nadupalayam in respect of the bus bearing Registration No.TCG 3115.

(2.) THE fitness certificate expired on 24.11.2005. Since there was some major repair works, the petitioner was not able to keep the bus fit so as to operate on the road. THE bus was admittedly not operated after 24.11.2005. Being a single bus operator, the petitioner was in a bad financial condition and therefore he was not able to carry out the major repair works immediately. He handed over the bus to one Sri Balaji Coach (Labour Works) to carry out the repair works.

(3.) HOWEVER, the first respondent passed an order dated 25.02.2009 cancelling the permit under Section 86(1)(a) of the Motor Vehicles Act, 1988 stating that the cancellation was for the violation of Section 84(a) of the Motor Vehicles Act 1988 read with Rule 172(6) of the Tamil Nadu Motor Vehicles Rules 1989, by the petitioner.