A SENTHILVEL Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) In W.P.(MD)No.22699 of 2018, the petitioner is a Mini Bus Operator permitted to operate the Mini Buses bearing Registration No.TN57N 0171, TN 51A-0729 between Nagercoil Government Hospital to Osaravilai kalivilai via Pathinattampadi Junction, Parakai Mela Theru, Parakai Kakkanputhur Junction, Kadatti Privu, Thengamputhur Junction, Panikudieruppu Junction, Osaravilai Kalivilai. The petitioner was issued with Mini Bus permit, for 3.8 kms in the served sector and 7.7 kms in the unserved sector from Government Hospital to Osaravilai Kalivilai in the route permit. Permitted route is a two way. There is an one way restriction near Narayana Guru Mandapam (Kottam) and Kottar Government Hospital and therefore, the petitioner has to take a circuitous route via Beach Road, Hindu College, Chettikulam Junction, Veppamoodu and Anna bus stand to reach the Government Hospital.

(2.) The petitioners filed petitions before the Regional Transport Authority requesting them to permit their Mini Buses to go into Anna Bus stand, while operating from their respective origin point to terminal point. The Regional Transport Authority rejected the said request stating that if extension of permit is granted, it will violate the route permit granted under the Scheme i.e beyond 4 kms. Against which, the petitioners preferred appeals before the Tamil Nadu State Transport Appellate Tribunal in M.V.Appeal Nos.58, 60 and 62 of 2015. The Transport Appellate Tribunal, by its order dated 03.11.2015, rejected the request of the petitioners and confirmed the order of the Regional Transport Authority. Aggrieved over the same, the petitioners are before this Court.

(3.) According to the petitioners, the order passed by the first respondent/Regional Transport Authority is a non speaking order and does not set out any reason for rejection. Secondly, the observation made by the first respondent to the effect that if extension of permit is granted, it will violate the route permit granted under the Scheme i.e beyond 4 kms, cannot be accepted. Because of the subsequent developments, the petitioners were compelled to operate their mini buses in the circuitous route. Therefore, it cannot be said that they are plying the vehicles beyond the statutory limit of 4 kms. On the route from Narayana Guru Mandapam to Government Hospital/Kottar Railway Vilaku/Kottar Railway Station, the Mini buses have to cross Anna bus stand. In such circumstances, the petitioners can very well be permitted to go into the Anna Bus stand and it will not amount to extension of route. Therefore, the order passed by the Appellate Tribunal is erroneous.