R SENTHIL KUMARAN Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) In these three writ petitions, the petitioners are Transport operators operating mini buses. In the first writ petition, the petitioner is operating a mini bus with registration No.TN-48-K-0870. The second and third writ petitions are filed by the same operator who is operating mini buses with registration Nos.TN-48-K-6408 and TN-48-K-0405. They have come forward to seek for a direction to the respondent to dispose of their renewal applications and till the disposal of renewal applications, to issue temporary permit for the minim buses to ply on the routes Thinniam (water tank) outer to Panchannapuram, Agriculture College to Lalgudi outer and Pachannapuram to Thinniyam respectively.

(2.) It is the case of the petitioners that the route permit was expired. According to the petitioners, they have paid fees in terms of Rule 279 of the Tamil Nadu Motor Vehicles Rules, 1989. Since renewal applications were made within time before the expiry of the date, the authorities are bound to renew their transport permit in terms of Section 87(1)(d) of the Motor Vehicles Act, 1988.The Regional Transport authorities can grant permit for a period not exceeding four months pending decision on their renewal applications. Since no order has been passed, these writ petitioners are filed.

(3.) Notice of motion was ordered on these writ petitions. On notice from this court, the Regional Transport Authorities have filed a counter affidavit, dated 03.09.2010. In the counter affidavit, in response to the contentions of the petitioners, in paragraphs 3 and 5, it was averred as follows: