SENTHILNAYAGAM Vs. M PAUL JAYARAJ

JUDGEMENT

(1.) BY the order impugned in these writ appeals, the learned Judge has set aside the grant made in favour of the appellant herein to ply a mini bus by holding that there were certain serious violations in the matter of consideration of various applications for grant of mini bus permit for the route Thudiyalur to Madathur via Vadamadurai.

(2.) IN this context, this Court has repeatedly held that under the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as the "act"), there is an alternative statutory remedy of appeal/revision under Section 89/90 of the Act to approach the State Transport Appellate Tribunal to challenge the order of grant made by the Regional Transport Authority in favour of the parties. The writ petitioner/first respondent's application for grant of mini bus permit also came to be rejected by the Regional Transport Authority by order dated 21. 1. 2005, as against which, a writ petition, being W. P. No. 3956 of 2005 came to be filed and the same was disposed of by the common order impugned in these writ appeals. Having regard to the settled legal position that an effective alternative remedy is available to the first respondent to approach the State Transport Appellate Authority by filing an appeal or a revision under Section 89/90 of the Act, we are of the confirmed view that the order impugned in these writ appeals cannot be sustained. The above legal position is clearly set out in the decision of a Division Bench of this Court in Tamil Nadu State Transport Corporation vs. C. Durai and another ,2005 Writ L. R. 136 which has followed the Supreme Court decision in U. P. State Bridge Corporation Ltd. V. U. P. Rajya Setu Nigam Karmchari Sangh, (1998) 4 SCC 268. Following the same, the writ appeals stand allowed.

(3.) LEARNED counsel for the first respondent then contended that the writ petition having been entertained and allowed by the learned single Judge, this Court should not interfere with the said order of the learned single Judge at this stage on the ground of alternative remedy.