S.KAJA NAJUMUDEEN Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) The instant Writ Petition has been filed challenging the order of the first respondent with regard to the temporary permit granted to the 3rd respondent vide R.No.51028/A2/2018 (No.P.T. 301/STA/2018) dated 28.12.2018, for the route Earwadi Dargah to Kumuli in respect of vehicle bearing Registration No.TN 63 N 1804 or any other vehicle to be replaced in that place.

(2.) It is the case of the petitioner that the 3rd respondent/corporation is operating their bus from Earvadi to Kumuli route and it leaves Madurai Bus stand at 07.35.pm, and proceeds to Kumuli and the petitioner's bus also leaves Madurai Bus stand at 07.35,p.m, and proceeds to Usilampatti and reaches Usilampatti at 08.45.p.m. According to the petitioner, the 3rd respondent bus also takes the same route as that of the petitioner's bus from Madurai to Usilampatti and also reaches Usilampatti Bus stand at 08.45.pm., as that of the petitioner's bus. Further, it is the case of the petitioner that temporary permit under Section 87 of the Motor Vehicles Act is valid only for a period of 4 months. But the petitioner on expiry of the temporary permit has been repeatedly getting fresh temporary permits from the 1 st respondent for a further period of 4 months. According to the petitioner, atleast for the past one year, the 3rd respondent has been getting fresh temporary permits to operate the bus from Yervadi to Kumuli through the Madurai Bus stand as well as through Usilampatti Bus stand. According to the petitioner, it affects his business interest since the 3rd respondent is operating the bus both at Madurai as well as at Usilampatti, at the same time, as that of the petitioner's bus. It is the case of the petitioner that the purpose of temporary permit is only for a specific period i.e., only for a period of 4 months and according to them, it cannot be extended any further. According to them, only in case of public interest, the temporary permit has to be issued. In such circumstances, the writ petition has been filed challenging the temporary permit, dated 28.12.2018, issued by the 1st respondent for the vehicle bearing Registration No.63 N 1804, owned by the 3rd respondent.

(3.) A counter affidavit has also been filed by the 1st respondent, wherein, they have stated that the route Earwadi to Kumuli is covered by area scheme 1999, which includes the Districts of Ramanathapuram, Madurai and Theni. They have stated that the Transport undertakings are at full liberty to operate their buses as specified in the scheme. According to them, pending decision to grant regular permit on the scheme routes under Section 103 of Motor Vehicles Act 1988, the State Transport undertakings in the State applied for temporary permits and it is being granted under Section 87 1 (c) of the Motor Vehicles Act, 1988 with tentative timings as per proviso to Rule 248 of the Tamil Nadu Motor Vehicles Rules 1989. Further, they have contended that the petitioner is armed with statutory provision to represent his grievances at the time of conducting regular timing conference while granting regular permit under Section 103 of the Motor Vehicle Act 1988 by the 1st respondent. Further, they have stated that the 3rd respondent's bus covering a long distance route from Earvadi to Kumuli to benefit the travelling public bound to Madurai, Theni and Kumuli. According to them, picking up passengers at Usilampatti is very rare for the 3rd respondent, as it is a short distance and the bus is plying on a long distance route.