R DHANAPAL RAJU Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The Petitioner has approached this Court with a prayer, for issuance of a writ, in the nature of mandamus, directing the Respondents to permit the Petitioner to ply under stage carriage, covered by the vehicle No. TN-49-J-1606 on varied Mofussil route Pattukottai to Sembattavidhthi (via) Malayur etc.

(2.) It is not in dispute that the order passed by the first Respondent was cancelled, on passing of the Act, by the State Legislature, i.e. the Tamil Nadu Motor Vehicles (Special Provisions) (Cencellation of Variation of Conditions of Permit) Act 1996 [herein-after referred to as Act]. The Act was subsequently held to be ultra vires, in W.P.(MD) No. 23854, 23880, 23881 etc. of 2001, 29,91 to 94 of 2002, in the case of R. Srinivasan v. State of Tamil Nadu rep. by Secretary, Home Department, Fort St. George, Chennai-9 and another,2004 2 TNMAC 68(DB)).

(3.) The Petitioner also filed W.P. No. 25104 of 2001 challenging the constitutional validity of the Act, and prayed for interim directions to operate the vehicle, on the varied route, in accordance with the order, dated 16.04.1996 passed by the Regional Transport Authority.