MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (SALEM) LTD Vs. SECRETARY, TAMIL NADU STATE TRANSPORT APPELLATE TRIBUNAL; REGIONAL TRANSPORT AUTHORITY, DHARMAPURI

JUDGEMENT

(1.) Heard Mr.P.Paramasiva Doss, learned counsel appearing for the petitioner and Mr.R.Lakshmi Narayanan, learned Additional Government Pleader appearing for the second respondent and with the consent of the either side, the writ petition itself is taken up for final disposal.

(2.) This writ petition has been filed by the petitioner challenging a memo issued by the State Transport Appellate Tribunal, Chennai whereby the petitioner's appeal memorandums have been returned on the ground that the appeals are presented beyond the period of 30 days stipulated under the statute. The appeals have been filed by the petitioner against the orders passed by the Regional Transport Authority, Dharmapuri wherein the stage carriages operated by the petitioner Transport Corporation were found to have violated the permit conditions. However, the Regional Transport Authority did not impose any capital punishment on the petitioner Corporation such as cancellation of permit, but permitted the petitioner to compound the offence by paying an amount of Rs.9,000/-.

(3.) The said order was put to challenge before the State Transport Appellate Tribunal, Chennai well beyond the period of limitation. Now the petitioner has come up with the present writ petition challenging the "return memo" issued by the State Transport Appellate Tribunal. Section 89 of the Motor Vehicles Act, 1988 deals with provisions relating to appeals. Sub-Section 1 of Section 89 deals with the nature of orders against which appeals can be filed before the State Transport Appellate Tribunal and it states that such appeal may be filed within the prescribed time and in the prescribed manner.