R.BARANIDHARAN Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) This Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records of the respondent, the State Transport Authority, Puducherry, in the Minutes of the Meeting held on 27/11/2019 so far as it relates to substituting the proceedings of the respondent dtd. 19/12/2001 to the effect that the permit should stand in the name of the individual in whose name the permit stood for a minimum period of three years and if any transfer of permit is sought within the period of three years, then the permit itself will be liable for cancellation. The petitioner is deeply aggrieved by the stipulation that the permit should stand in the name of the holder of the permit for a minimum period of three years and seeks to quash the same.

(2.) In the affidavit filed in support of the writ petition, it had been stated that the petitioner is a stage carriage operator with permit to ply an inter- state route from Pondicherry to Karaikal via., Cuddalore, Portonova, Chidambaram, Mayiladuthurai, Kollumangud and Nedungadu. There are also shuttle trips between Chidambaram and Karaikal. It is covered by an Inter-State Agreement dtd. 12/4/1985. The permit in the name of the petitioner is valid till 31/5/2025. The Fitness Certificate of the vehicle is valid till 19/10/2025. The Insurance of the vehicle was valid till 12/8/2024. I am confident that it would have been renewed by this time. This permit was originally held by one P.Lakshmanan. Thereafter, it was transferred to the name of the petitioner by the respondent, by proceedings dtd. 8/2/2023. The said transfer of permit was also countersigned by the State Transport Authority, Chennai by proceedings dtd. 28/3/2023.

(3.) The petitioner, however, found it economically difficult to maintain the service. He therefore, sought to transfer it again in the name of Rogini Rajesh who was residing at Karaikal. A joint application dtd. 2/5/2024 was filed in accordance with Rule 78(i) of the Pondicherry Motor Vehicles Rules, 1989 and necessary fees had also been paid. The transfer application was returned by the officer of the respondent by stating that in the minutes of the State Transport Authority of Union Territory of Puducherry dtd. 27/11/2019, it had been stipulated that there could be no transfer of permit within a period of three years. The petitioner obtained the permit on 8/2/2023 / 28/3/2023. He had made an application seeking transfer on 2/5/2024 after a period of one year. The restriction, however, imposed by the respondent was that such transfer cannot be even applied for a period of three years.