LAWS(MAD)-2008-7-529

REGIONAL TRANSPORT AUTHORITY DHARMAPURI Vs. BANUMATHY VIJAYAN

Decided On July 14, 2008
REGIONAL TRANSPORT AUTHORITY, DHARMAPURI Appellant
V/S
BANUMATHY VIJAYAN Respondents

JUDGEMENT

(1.) THE respondent-writ petitioner approached the first appellant-Regional Transport Authority, Dharmapuri, seeking for extension of route from Pattalamman Koil to Mattukaranur Pirivu and applied for extension of the route from Four Roads to Dharmauri Town Bus Stand in his application dated 3.1.2003. It was rejected by the first appellant-RTA, by order dated 4.8.2003 on the ground that the respondent-writ petitioner's route permit has already been operating in the served sector of a distance of 4 kms. THE respondent-writ petitioner filed an appeal in Appeal No.959 of 2003 contending that the extension sought for is hardly 200 meters, which is highly negligible distance and therefore, the first appellant-RTA ought to have granted the extension. THE second appellant-State Transport Appellate Tribunal, having dismissed the said appeal by judgment rendered on 29.7.2005, the Writ Petition was preferred. THE learned single Judge, having allowed the Writ Petition, giving reference to one or other direction given by the learned single Judge in one or other case, the present Writ Appeal has been preferred.

(2.) THE respondent-writ petitioner was noticed with a clear intimation that the writ appeal would be disposed of at the stage of admission. He has appeared through counsel and filed counter affidavit opposing the appeal in question.

(3.) IT has not been disputed that the respondent-writ petitioner had been granted permit to run a mini bus for the route in question for a distance of 20 kms with further overlapping distance of 4 kms. In view of G.O.Ms.No.1529, dated 17.11.1999 issued from Home (Transport-III) Department, we are of the view that the learned single Judge ought not to have directed the first appellant-RTA to grant any extension beyond the overlapping distance of 4 kms.