M.P.DEVENDRAN Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) A Mini Bus operator has come before this Court by filing this writ petition praying for a direction to the respondent to convene the timing conference in accordance with Rule 248 of the Tamil Nadu Motor Vehicles Rules with respect to the petitioner's Mini Bus TCA 325 on the route Omalur Bus Stand to Chinnathirupathi (via) Ramana Hospital, Bye Pass Road, Asian Paints etc., According to the petitioner, he is a permit holder of mini bus on the route Omalur Bus Stand to Chinnathirupathi (via) Ramana Hospital, Bye Pass Road, Asian Paints etc., granted by the first respondent on 08.02.2006, vide proceedings in R. No. 17329/A4/2005. As per the condition, the petitioner has produced the Registration Certificate of the vehicle, bearing Registration No. TCA 325 along with Insurance Certificate, Fitness Certificate and Tax Receipts. Since the timing conference was not convened, the petitioner earlier filed a writ petition before this Court in W.P. No. 25081 of 2007 and the same was disposed of on 25.07.2007 directing the respondent to convene that the said writ petition was disposed of with a direction to the first respondent to implement the order of the second respondent dated 08.02.2006 and 09.01.2006 hold the timing conference with reference to the provisions of the statute, and the rules framed thereunder and pass orders within a period of eight weeks from the date of receipt of a copy of this order and it was also made clear that the first respondent shall consider as to whether the petitioner has fulfilled his obligations contemplated under Rule 181 of the Tamil Nadu Motor Vehicles Rules (for short, "the Rules"). Thereafter, the petitioner made a repeated personal requests to the respondents to conduct the timing conference, which was not considered and therefore, he made a representation on 25.12.2012, requesting the respondents to convene the timing conference. As there is no action on the part of the respondents, this writ petition has been filed by the petitioner.

(2.) The first respondent has filed a counter affidavit stating inter alia that the second respondent-Regional Transport Authority, Salem issued proceedings for the new grant of permit for Mini Bus in the name of the petitioner herein on 08.02.2006, with a direction to produce the Registration Certificate together with the valid Fitness Certificate, Insurance Certificate and evidence for payment of tax, within a period of three months from the date of receipt of the above proceedings, failing which, the above said sanction will be revoked under Rule 181(1) of the Rules. After issuing the above proceedings for the new grant of permit for Mini Bus, as per the direction of this Court in W.P. Nos. 25081 and 25082 of 2007, dated 25.07.2007, notice for timing conference scheduled to be held on 26.09.2007 was also issued to the petitioner in R. No. 17329/A1/2005, dated 05.09.2007 and others concerned in this regard. In the meanwhile, Salem District Bus Owner's Association had filed writ petition in W.P. No. 21917 of 2005 before this Court, seeking for a direction to permit them so as to enable them to participate in the route survey joint-inspection to be conducted by the Secretary, Regional Transport Authority, Salem and thereafter, direction was also issued by the Court accordingly on 05.07.2005.

(3.) While so, the Tamil Nadu State Transport Corporation Ltd., Salem has raised objections on 17.05.2005, stating that the total length of the above said proposed Mini Bus route is 16.2 Kms. In this route, a distance of 7.6 Kms is already served by the existing services. Only a distance of 8.6 Kms lies in the unserved Sector and that the road condition from Kanjanaickenpatty Colony Pirivu to Kanjanaickenpatty Cross Road for a length of 0.3 Kms, is not fit for Mini Bus operation. It is further submitted that a notice was issued on 05.09.2007 to conduct a timing conference on 26.09.2007, but it was adjourned to 09.02.2010 and 07.03.2011 and that the delay is due to administrative reasons and the matters relating to objections raised by the State Transport Corporation Ltd., Salem had not been finalised.