The inclusion of a route in an inter-State agreement is invalid if it violates the Area Approved Scheme and principles of natural justice.

ORDER :

G.K. Ilanthiraiyan, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the first respondent made in G.O.Ms.No.118 Home (Transport III) dated 18.02.2011 as published in the Tamil Nadu Government Gazette Extraordinary in Part II Section 2 dated 18.02.2011 and quash the same so far as it pertains to the inclusion of the route of the fourth respondent namely Pondicherry to Cuddaore via Reddichavadi found at Sl.No.24 in Annexure II to the Supplementary Reciprocal agreement.

This writ petition has been filed challenging the order passed by the first respondent in G.O.Ms.No.118 Home (Transport III) Department dated 18.02.2011, insofar as it relates to the inclusion of the route of the fourth respondent viz., Pondicherry to Cuddalore viz Reddichavadi found at Sl.No.24 in Annexure II to the supplementary reciprocal agreement.

Facts of the case :

2. The petitioner is the stage carriage operator in Pondicherry. He owned stage carriage bearing registration No.PY-01-V-7479 by permit inter-State route Pondicherry to Cuddalore. It is covered by the inter-State agreement arrived between the government of Puducherry and Tamil Nadu in the year 1985. The petitioner is a protected operator on the inter-State route in terms of Tamil Nadu Act 41 of 1992 and Area Approved Scheme published by the government of Tamil Nadu. The fourth respondent herein obtained an inter-State permit in respect of route Pondicherry to Cuddalore on transfer, from one Kaliamoorthy. The said Kaliamoorthy was operating the said route from Pondicherry to Cuddalore New Town Bus stand or Pondicherry to Kuruvinatham Colony.

3. Originally, the said Kaliamoorthy was granted permit to ply stage carriage on the route Pondicherry to Kannikoil. In the said route 3 kms distance from Kattupalayam to Reddichavadi situated in the State of Tamil Nadu. Therefore, he submitted application for variation involving extension of the route from Kannikoil to Kuruvinatham Colony via., Cuddalore New Town Bus stand. The State Transport Authority, Pondicherry, granted the said variation under the impression that the variation is only an intrastate route, as both the terminals of the route, lies in Pondicherry and the portion of the route lying in Tamil Nadu is only 15.08 kms, as such no counter signature was necessary as contemplated under Section 63(1) of the Old Act. It was challenged before the State Transport Appellate Tribunal, Pondicherry in Appeal Nos.180 & 162 of 1986. In the said appeals, the said Kaliamoorthy restricted the route up to Cuddalore on the ground that part of the extended route from Maruthadu to Kuruvinatham Colony was not motorable. Accordingly, the appeals were partly allowed by an order dated 27.05.1987 and granted the extension of the route restricting it upto Cuddalore.

4. Therefore, without obtaining counter signature from the Tamil Nadu authorities and without paying tax to the Tamil Nadu authorities, the predecessor of the fourth respondent cannot operate the route upto Kuruvinatham Colony. Therefore, he made an application for counter signature before the third respondent on 19.05.1987 and on receipt of the same, the third respondent directed the applicant viz., the predecessor of the fourth respondent, to produce the order of the State Transport Authority, Pondicherry, copy of the permit, registration certificate, fitness certificate and insurance certificate for making necessary endorsement, by its communication dated 11.06.1987.

5. However, the said Kaliamoorthy approached the State Transport Appellate Tribunal, Pondicherry, in I.A.No.767 of 1987 in Appeal Nos.162 & 180 of 1986 seeking the relief of permit him to operate on the varied route as per the proceedings of the State Transport Authority, Pondicherry dated 28.01.1986. Though the appeals were already disposed of, the Appellate Tribunal had entertained the said application and ordered as prayed for, in the application