T KALAISELVI Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The facts giving rise to the present writ petitions are as follows: Petitioner had applied for the grant of mini bus permit on the route Thiruverambur Bus Stand to Anna Nagar Periyar Silai via. BHEL Cauvery House, BHEL police station, Karuppukoil, Bhurma Colony checkpost. The Regional Transport Authority came to the conclusion that the total distance of the route was 19 km., of which the served sector was 3.9 km and accordingly granted mini bus permit. Revision Petition No.48 of 2001 was filed by Althaf Hussain, respondent No.3 in W.P.No.5705 of 2003. Similarly the petitioner’s application for grant of mini bus permit to ply on the route Anna Nagar Bus stop Periyar Silai to Thiruverambur Bus Stand via. Burma Colony Check post, Burma colony, and BHEL Temple having been granted, one Smt. Devaki, respondent No.3 in W.P.No.5674 of 2003 filed Revision Petition No.50 of 2001. Both the Revision Petitions were taken up together and allowed by the State Transport Appellate Tribunal, respondent No.2 in both the writ petitions, by judgment dated 29.1.2002. The Revisional Authority while coming to the conclusion that the revisions were filed within time and that the applicants in the revision petitions had locus standi to challenge the order of the Regional Transport Authority, has concluded that the distance in the served sector had exceeded 4 km. and as such permit could not have been granted.

(2.) Learned senior counsel appearing for the petitioner has raised the following contentions :-

(3.) The contentions raised by the petitioner has been resisted by the learned counsel appearing for the respondents, particularly respondent NO.3 in both the writ petitions.