S YESUDOSS AND Y DAFFINI SHANIO Vs. DISTRICT COLLECTOR CUM REGIONAL TRANSPORT AUTHORITY, PRESIDENT, SELECTION GRADE PANCHAYAT AND SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner in W.P.(MD) No. 8163 of 2009 is a mini bus operator. He is operating the mini bus with registration No. TN-01/N-0779. As per the route permit granted to the petitioner, he has to ply the mini bus from Monday market to Nallayankovil via., Christmas St., Paul St., Kollai Vilaku, Bethalpuram Vilaku Road, Karukkankuzhi Junction, Mathiravilaku, CSI Church Vilaku Road, Paramankarai - Mulamootuvilagam and Nallayankovil Vilaku for a period of 5 years starting from 05.07.2000.

(2.) The case of the petitioner was that Karungal bus-stand is one kilometer away from Nallayankovil. Therefore, they are entitled to ply the bus upto the Karungal bus-stand. But the second respondent, who is the selection grade Panchayat, who are maintaining the bus-stand has no right to prevent the petitioner's bus while it was entering into the bus stand. It is also the claim that during the earlier years the Panchayat had collected entry fee and hence they are estopped from preventing their vehicle.

(3.) It was also argued that as per Rule 245(2)(1) of the Tamil Nadu Motor Vehicle Rules, if a public bus stand is within the limits of a local authority and if it had been notified by the Regional Transport Authority any public service vehicle of that class by which the stand is intended, it can make use of the stand for the purpose of transferring the vehicle, for picking up and settling down the passengers. It is on this basis, the Writ petition came to be filed seeking for a direction to the respondents to forbear from preventing the bus from entering into the bus stand for the purpose of picking up or settling down the passengers.