S NALLAMUTHU Vs. REGIONAL TRANSPORT

JUDGEMENT

(1.) THE petitioners have filed these writ petitions praying for a writ of certiorari to quash the orders of the respondent dated 05.03.2002 modifying the area of operation from Virudhunagar bus stand within a radius of 30 kms. instead of Sivakasi bus stand within a radius of 30 kms and for further orders.

(2.) THE petitioners have applied for the grant of a minidor auto-rickshaw permit before the respondent on 22.01.2002 under sections 69,73 and 80 of the Motor Vehicles Act, 1988 r/w Rule 170 of the Tamil Nadu Motor Vehicles Rules 1989, so as to ply the vehicle in and around 30 kms. radius from Sivakasi Town bus stand. THE respondent, after examining the applications, issued proceedings on the same day directing the petitioners to produce the vehicle with valid Registration certificate, Insurance Certificate and tax paid receipt, within three months from the date of the said order. When the petitioners went to the office of the respondent to produce the vehicles with valid documents, they were served with the impugned orders dated 05.03.2002, amending the area of operation as Virudhunagar Headquarters with 30 kms radius from Virudhunagar Central bus stand.

(3.) LEARNED counsel for the petitioners further submitted that the request of the petitioners was to ply the vehicles within 30 kms radius in Sivakasi Bus Stand and that the respondent has no jurisdiction to modify the order by introducing a different area, which is not mentioned in the applications. He further submitted that based on the earlier orders dated 22.01.2002, the petitioners have purchased the vehicles at huge costs thinking that they would operate the vehicles within 30 days radius in Sivakasi and any change made in the route or permit conditions affects their ought to trade or business offending Article 19(1)(g) of the Constitution of India.