B SIVASUBRAMANIAN Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioner is a private bus operator plying stage carriage in the route Thirumangalam Police Station to Usilampatti Bus Stand via Santhangudi, Pannigundu, Nakkalakottai, Thummagundu, Sindhupatti and T.Vilakku and possesses a permit in respect of a bus bearing Registration No.TN 58 J 1003. Earlier the stage carriage permit for the above route was owned by one M.Perumal and the permit was granted to run the bus from Chinnakattalai to Nakkalakottai. In the year 1996, the said M.Perumal applied for variation of permit conditions from Thirumangalam Police Station to Usilampatti Bus Stand via Santhangui, Pannigundu, Nakkalakottai, Thummagundu, Sindhupatti and T.Vilakku. The first respondent granted the variation of permit. Thereafter, by virtue of Act 19/96, the Government cancelled all the variations granted by the various Regional Transport Authorities and that was challenged before the Principal seat at Madras and all the writ petitions were allowed directing the Government to implement the variations granted by the Regional Transport Authorities. The said M.Perumal was also permitted to run the bus through the route varied by the authorities and he applied for further variation on 12.11.2005, to extend the route from Thirumangalam Police Station to Thirumangalam Bus Stand on the ground of obviating the difficulties of the public to change the bus. That application was rejected on 06-12-2005 and aggrieved by the same, the said M.Perumal filed the Appeal before the State Transport Appellate Tribunal, Chennai. During the pendency of the appeal, the permit was transferred to the petitioner by the proceeding of the Second respondent dated 22-08-2007. The vehicle bearing Registration No.49 E 7007 was also replaced by vehicle bearing Registration No.TN 58 J 1003. The State Transport Appellate Tribunal by order in MVA No.775/2005 allowed the appeal on 06-10-2007 and by virtue of order, the variation of condition of the permit sought for by the original holder M.Perumal was granted and the respondents were directed to issue the permit with such variation within two weeks.

(2.) Thereafter, on the basis of transfer of permit, the petitioner applied to the respondents to implement the order passed by the State Transport Appellate Tribunal to permit the vehicle from Thirumangalam Police Station to Thirumangalam Bus Stand and on the basis of the opinion of the learned Additional Government Pleader, Madurai Bench of Madras High Court, the application of the petitioner was rejected on the ground that the petitioner was not a party to the Appeal No.MVA 775/2005 and therefore, he is not entitled to the benefit of the appeal order. This order of the first respondent dated 26- 11-2009 is challenged in this writ petition.

(3.) Mr.S.C.Herold Singh, learned Government Advocate takes notice for the respondents and he submitted that as the petitioner was not a party to the appeal before the State Transport Appellate Tribunal, he is not entitled to the benefit of the order and therefore, the order of the first respondent is correct and the writ petition has to be dismissed.