Authorities must comply with inter-party judgments and cannot delay action based on external disputes or prior conflicting orders.

ORDER :

C.V. Karthikeyan, J.

These writ petitions have been filed for issuance of writ of certiorarified mandamus to call for the records of the 1^st respondent in R.No.A2/44981/2000 and R.No.A2/36026/2000 dated 18.10.2019 and to quash the same and to further direct the respondents to forthwith issue minibus permit on the route “Arakandanallur to Paranur” and “Arumbakkam to Vilanthai Manalmedu” to the petitioner in terms of the order of this Court dated 03.04.2009 in W.P.Nos.33387 & 33388 of 2006 directing the 1^st respondent to comply with the order of the Tribunal dated 30.06.2006 made in App.Nos.17 & 18 of 2005.

2. Both these writ petitions have been filed by the same writ petitioner seeking grant of mini bus permit which had been applied to the first respondent as early as September 2000 with respect to route “Tirukoilur to Vilanthai Manalmedu” which was subsequently modified as “Arumbakkam to Vilanthai Manalmedu” and another application to ply on the route “Arakandanallur to Paranur”. The writ petitioner sought permission to run mini bus for the aforementioned routes. Unfortunately the application kept meandaring around various authorities and aggrieved by the fact that in spite of successive orders passed directing grant of mini bus permission for the aforementioned route subject of course to seniority of the list of application and vacancies, that orders have not been passed, the present writ petitions have been filed.

3. The matter has a long history. Originally, the authority of the first instance had granted permission to ply mini bus in the aforementioned routes. Such order was passed on both the applications. Thereafter the matter went up before the Regional Transport Authority who, for the reasons best known had remitted back the matter to the authority of the first instance. This was again taken up in appeal, again and again it was remanded. Thereafter the writ petition was filed. In the writ petition an observation was made that since the matter has attained finality the appellate authority should take a decision instead of remanding the matter again and again. The authority then took a decision stating that taking into consideration the seniority of the application and according to the vacancies available, permit would be remitted. But however the permit was still not granted. The authority then referred to a Division Bench Judgment of Madurai Bench wherein, it had been held that any mini bus permit should be considered as a stage carrier operator. But it must be pointed out that Writ Appeal before Madurai Bench was with respect to a dispute between two separate operators. Quite frustrated with such dispute the Division Bench had ruled as above. In spite of that, the learned single Judge of this Court to whom this particular order was taken, had passed an order in W.P.Nos.33387 and 33388 of 2006. Taking into consideration an order passed by the Division Bench of the Madurai Bench. The learned single Judge however held as follows:-

7. Learned Government Advocate has produced the communication of the Regional Transport Authority in Letter No.A2/36026/2000 dated 08.12.2006. The Regional Transport Authority, Villupuram District in the said letter has stated that the order of the Tribunal in Appeal No.17/2005/A3 dated 25.11.2005 was received by their office only on 21.12.2006 and in the meanwhile, the Division Bench of this Court (Madurai Bench) has passed orders on 02.08.2006 in W.P.Nos.135 and 136 of 2006 taking a contra view and therefore the file is kept pending anticipating the decision of Madurai Bench of this Court with regard to mini bus permit.

8. Be that as it may, the Tribunal has passed orders dated 30.06.2006 in Appeal Nos.17 and 18/2005 after hearing the Department representative and in compliance of the orders passed in W.P.Nos.9937 and 9938 of 2006.

9. The orders passed in Appeal Nos.17 and 18 / 2005 being inter-party judgments, the respondent is bound to comply with the said orders. The reason stated by the