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2009 Supreme(Mad) 1158

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
M. Mani
Versus
The Regional Transport Officer & Others
Writ Petition No.950 of 2004 & 951 of 2004
Decided on: 16-04-2009

Advocates Appeared:
For the Petitioner:G. Arul Murugan, Advocate.
For the Respondents:V. Viswanathan (AGP), Advocate

The court's decision emphasized the importance of pursuing the remedy before the appropriate tribunal and provided the petitioner with the opportunity to make a representation for permission to ply the bus between specific locations.

Headnote:

Transport Permit - Appeal Pending Before State Transport Appellate Tribunal - The court ordered the closure of the writ petition, allowing the petitioner to pursue the remedy before the State Transport Appellate Tribunal. The interim injunction granted by the court earlier was not to continue, but the petitioner was given the opportunity to make a representation to the second respondent for permission to ply the bus between specific locations.

Fact of the Case:

The petitioner's bus permit was curtailed by the respondents, and an appeal was pending before the State Transport Appellate Tribunal. The petitioner had been granted an interim injunction by the court to continue plying the bus between certain locations.

Finding of the Court:

The court ordered the closure of the writ petition, allowing the petitioner to pursue the remedy before the State Transport Appellate Tribunal. The interim injunction granted by the court earlier was not to continue, but the petitioner was given the opportunity to make a representation to the second respondent for permission to ply the bus between specific locations.

Issues: The rights of the petitioner in relation to the curtailed bus permit and the appeal pending before the State Transport Appellate Tribunal.

Ratio Decidendi: The court decided that the present writ petition should be closed, allowing the petitioner to pursue the remedy before the State Transport Appellate Tribunal. The interim injunction granted by the court earlier was not to continue, but the petitioner was given the opportunity to make a representation to the second respondent for permission to ply the bus between specific locations.

Final Decision: The court ordered the closure of the writ petition, allowing the petitioner to pursue the remedy before the State Transport Appellate Tribunal. The interim injunction granted by the court earlier was not to continue, but the petitioner was given the opportunity to make a representation to the second respondent for permission to ply the bus between specific locations.

Judgment

1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that an appeal is pending before the State Transport Appellate Tribunal, Chennai, with regard to the curtailing of the permit of the petitioner by the respondents, in respect of his bus bearing registration Number TN-33-T-8242, plying between Vellakovil and Coimbatore Central Bus Stand.

3. It has been further submitted that an order of interim injunction has been granted by this Court by an order, dated 21. 2004, made in W.P.M.P.No.949 of 2004. In view of the said order, the petitioner has been plying the bus between Vellakovil and Coimbatore Central Bus Stand, instead of terminating the same at Singanallur Bus stand, till date.

4. The learned counsel appearing on behalf of the respondents had submitted that the present writ petition is liable to be dismissed in view of the fact that the rights of the petitioner is to be decided by the State Transport Appellate Tribunal, Chennai, in the appeal filed before the said Tribunal. Hence, the present writ petition is devoid of merits.

5. The learned counsel for the petitioner had submitted that until the appeal is disposed of by the State Transport Appellate Tribunal, Chennai, the respondents ought to be restrained from preventing the petitioner from plying the bus, bearing registration Number TN-33-T-8242, between Vellakovil and Coimbatore Central Bus Stand at Gandhipuram, in view of the orders granted by this Court, on 21. 2004, in W.P.M.P.No.949 of 2004.

6. In view of the submissions made by the learned counsels for the petitioner, as well as the respondents, the present writ petition is ordered to be closed, observing that it would be open to the petitioner to pursue his remedy before the State Transport Appellate Tribunal, Chennai, in the appeal preferred by the petitioner. In view of the fact that the present writ petition is being closed, the interim injunction granted by this Court earlier, cannot continue. However, it is open to the petitioner to make a representation before the second respondent for permitting the petitioner to ply the bus, bearing registration Number TN-33-T-8242, between Vellakovil and Coimbatore Central Bus Stand at Gandhipuram, instead of terminating the same at Singanallur Bus stand, within a period of one week from today and on receipt of the said representation, the second respondent shall dispose of the same, within a period of one week thereafter. However, the learned counsel for the respondents had submitted that the present arrangement would continue till the disposal of the representation. No costs.


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