V R PALANIAPPAN Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE dispute raised in these two batches of writ petitions is a fall out of establishing Mattuthavani bus stand within the limits of Madurai. Initially, there was one bus stand within Madurai, which was known as Periyar Bus Stand. Subsequently, another bus stand known as Anna Bus commenced at a place on the eastern direction of Periyar Bus stand, which was intended to be used by the private operators and transport Corporation buses catering to the need of the travelers from Trichy, Sivagangai and Ramnad. THE establishment of such additional Bus stand was challenged in Revision Petition No.570 of 1981 by THE Bus Owners' Association and the Revisional Authority observed that the approval granted by the Regional Transport Authority to the additional bus stand was invalid. However, it is not disputed that as a matter of fact the additional bus stand known as Anna Bus Stand became operational after sometime. THEreafter, by press release dated 25.12.1992, two more bus stands were made functional known as 'Palanganatham Bus Stand', which was on the South West of Periyar Bus stand, and 'Arapalayam Bus Stand', which was towards North West of Periyar Bus Stand. Buses coming from Aruppukottai and Rajapalayam Sectors (from Southern side of Madurai) were directed to operate from Palanganatham Bus Stand and buses coming from Dindugul, THEni and Coimbatore were directed to operate from Arapalayam Bus Stand. Subsequently the Commissioner, Madurai Corporation, initiated the proposal for establishing an integrated bus stand at a place known as 'Mattuthavani' and applied for approval of the bus stand at 'Mattuthavani' and by notification dated 24.5.1999 the Regional Transport Authority (hereinafter referred to as 'RTA'), Madurai accorded temporary recognition to the newly constructed integrated bus stand for a period of six months. It was indicated in such notification that the mofussil buses starting and terminating at Anna Bus Stand shall operate from the new bus stand and similarly the express bus stand functioning from near Periyar bus stand will also be shifted to the new integrated bus stand. Subsequently, by way of Press release on 26.5.2000, the RTA, Madurai directed all the Aruppukottai sector buses operating from Palanganatham Bus Stand to go to Mattuthavani bus stand via., South Gate, Teppakulam, Anna Nagar. This arrangement was continuing till 1.11.2000. However, by proceedings of the RTA dated 30.10.2000 it was directed that no mofussil bus shall ply from Palanganatham Bus Stand. It was further directed as follows: - "2.(i) All the mofussil buses plying from Thirumangalam side shall take diversion at the Inner Ring Road intersection at Kappalur and reach the new integrated bus stand at Mattuthavani via. the Inner Ring Road. No mofussil bus shall ply beyond Kappalur towards Madurai City. ii) All the mofussil buses coming from Thirumangalam side crossing Madurai in their journey towards Arappalayam Bus Stand and from there to various places shall take diversion at Kappalur intersection, proceed to new Integrated Bus Stand at Mattuthavani and from there to Arappalayam Bus Sand via. Goripalayam, Simmakkal, Madurai Coats Bridge. THE same route course is to be followed in the return journey also. THEy shall not proceed beyond Kappalur towards Thiruparankundram side on any account. iii) All the mofussil buses coming from Thirumangalam side and proceeding towards Melur crossing Madurai, shall take diversion at Kappalur and proceed to new Integrated Bus Stand at Mattuthavani via. Inner Ring Road. THE same route course is to be followed in the return journey also. iv) All the mofussil buses coming from Kariapatti side shall take diversion at Inner Ring Road intersection near Mandela Nagar and proceed to new Integrated Bus Stand at Mattuthavani via. Inner Ring Road and vice versa. On any account they shall not proceed beyond Mandela Nagar towards Perungudi side. v) All the mofussil buses coming from Aruppukottai side crossing Madurai and Proceeding towards THEni and Dindigul directions shall take diversion at Inner Ring Road intersection at Mandela Nagar to reach new Integrated Bus Stand at Mattuthavani and from there proceed to Arappalayam Bus Stand via. Goripalayam, Simmakkal and Madura Coats Bridge. THE same route course is to be followed in the return journey also. vi) All the mofussil buses coming from Aruppukottai side and proceeding towards Melur and Sivagangai crossing Madurai, shall take diversion at Mandela Nagar and proceed to new Integrated Bus Stand at Mattuthavani via., Inner Ring Road. This route course is to be followed in the return journey also." This order of RTA was made effective from 1.11.2000. Subsequently, however, on 25.1.2001, a modified order was passed to the following effect: - "A) THE buses having terminus a quo points at Virudhunagar, Sivakasi, Sathur, T. Kallupatti, Saptur, Vathrayiruppu, M. Kallupatti, Elkumalai, Analkaraipatti, Koompatti and Rajapalayam and coming to Madurai shall reach Integrated Bus Stand (via) Kappalur Ring Road junction, Thirunaga, Thiruparankundram Bye Pass Road, Palanganatham junction, Dindigul Bye-Pass road, Kalavasal junction, Guru THEatre, Alamaram, Thathaneri, Sellur, THEvar statue, Thallakulam and the District Court. THE above buses shall stop only at the following stopping places. 1. Thiruparankundram Park

(2.) PALANGANATHAM junction

(3.) IN the above background, the contentions, which are necessary to be dealt with, are as follows:- The impugned orders passed by the RTA have the effect of modifying the permit conditions. IN this context, the contention of the operators at Tirumangalam and Virudhunagar sectors is to the effect that as per their original permit conditions they were required to go to Palanganatham bus stand from Kappalur. Such portion of the route is now deleted and on the other hand such operators are now asked to proceed towards Mattuthavani bus stand by taking a different route not contemplated in the original permit. Moreover, such a new route covers a distance of about 27.2 kms, which is in excess of 24 kms. and thus contrary to the provisions contained in Section 72(2)(xxii) as well as the provisions contained in Rule 246. Moreover, the RTA has not complied with the principles of natural justice inasmuch as the private operators had not been given any notice. The operators operating from Aruppukottai sector have also raised similar contentions, save and except the fact that in their case the modified route covers a distance of 17.5 kms. The operators from other sectors have not highlighted any particular grievance.