R. SEKAR, Vs. THE REGIONAL TRANSPORT AUTHORITY, CUDDALORE,

JUDGEMENT

(1.) The petitioner's have filed the above writ petition seeking for a Writ of Certiorarified Mandamus to call for the records of the first respondent in his proceedings No.C.No.A2/3881/97 RTO dated 07 -10 -1997 on his file and quash the same and consequently direct the respondents 1 to 3 to issue proceedings to direct the bus operators to stop only in the old Puduchatram Bus Stop Villupuram District.

(2.) Heard Mr. R. Subramaniam, learned counsel appearing for the petitioners, Mr. P. Sanjay Ramaswami, learned Government Advocate appearing for the first and second respondents and Mr. Kamadevan, learned Government Advocate for the 3rd respondents and there is no representation on behalf of the fourth respondent.

(3.) The petitioners are residents of Villianur and Puduchatram Village which are situate in Cuddalore Chidambaram Highway. According to the petitioners, all the Government buses were stopping at Puduchattiram bus stop which is nearby Railway Station Bazaar and Villages. During November 1996, without any notice, the buses started stopping in the road leading to Parangipettai about 500 yards from the original bus stop mentioned above. On enquiry, the petitioners came to know that the fourth respondent herein has constructed the said bus stop on the lands belonged to Kuppusamy, Ramasamy Chettiar and Dharmaparibalana Sabha, a Private trust. The Canara Bank is situated in the 4th respondent's property which has donated for the construction of new bus stop. According to the petitioners, the 4th respondent is a highly influential person and is politically powerful who had managed to persuade the 2nd respondent to stop the buses in the said newly erected bus stop as a result the villagers and passengers are put to great loss and hardship. The first petitioner and others filed a suit in O.S. No. 897 of 1994 before the District Munsif Court, Cuddalore against the 2nd respondent herein for a mandatory injunction for stopping the buses in the old bus stop in Puduchatram which was dismissed on 25 -10 -1996. The 4th respondent herein has filed W.P. No. 9777 of 1996 against the respondents 1 to 3 herein for a writ of mandamus to direct the respondents therein to restore the operation of the buses through the newly constructed bus stand. This Court on 26 -07 -1996 directed the said respondents to consider the representation made by the 4th respondent in the light of the result of the suit and keeping in mind the convenience of the general public. The first petitioner has filed an appeal in A.S. No. 63 of 1996 against the Judgment and decree dated 25 -1 0 -1996 before the Sub -court, Cuddalore which was allowed on 05 -12 -199 6. The 4th respondent again filed another W.P. No. 242 of 1997 for a Writ of Mandamus to direct the authorities to continue the operation of the buses from the newly constructed bus stop suppressing the fact that the appeal in A.S. No. 63 of 1996 was allowed by the Sub court ,Cuddalore. The said Writ Petition No. 242 of 1997 was also dismissed by this Court with an observation that when a representation is pending before the respondents, there is no necessity to issue any directions as sought for. The first respondent in and by his proceedings 07 -10 -1997 has issued directions to all the transport operators to stop the buses on both the bus stops. Aggrieved by the order of the first respondent, the petitioners have come forward with this writ petition.