ORDER

The mini bus permit owner, who is the petitioner, is seeking a direction to permit him to operate the mini bus on the route Vadasery Bus Stand to Kolathur via Court Road.

2.It is stated that the mini bus has been operating from Vadasery Bus Stand via Anna Stadium, Tower Junction, Anna Bus Stand, Edalakudi, Anna Bridge. The total distance of the permit is 4.3 kms, in which, the served sector is 4 kms. Now, the District Authority introduced one way scheme in Nagercoil City. After declaring the one way scheme, the permit of the petitioner was affected in the return journey from Kolathur to Vadasery Bus Stand, particularly Anna Bus Stand to Vadasery Bus Stand. It is very difficult for the petitioner to operate the mini bus from Anna Bus Stand, Ozhugunacherry, Vadasery Junction, which reached more than 3.7 kms. The petitioner also seems to have obtained information under the Right Information Act that the distance from Veppamoodu Junction to Vadasery Bus Stand through Court Road is only 2.4 kms, whereas, from Veppamoodu to Vadasery Bus Stand, via Anna Bus Stand is 3.7 kms, which is in excess of the distance than the permitted served sector. In this regard, the petitioner also had given a representation on 20.11.2019 permitting him to reach the Vadasery Bus Stand through Court Road. Since no effective steps have been taken, the present writ petition is field.

3.The learned Additional Government Pleader appearing for the respondent filed a counter affidavit stating that in the return journey, the mini bus is directed to be operated on the alternative route via Kolathur, Beach Road, Hindu College Road, Chettikulam Junction, Veppamoodu Junction, Anna Bus Stand, Ozhuginasery, Vadasery Junction. So that the public travelling from Kolathur can reach the nearest bus stand(Anna Bus Stand). Admittedly, the said route is to an extent of 6.4 kms, which is exceeding the served sector limit.

4.In the present case, if the petitioner takes the alternative route, from Anna Bus Stand, Ozhugunacherry, Vadasery Junction, it is totally 3.70 kms, whereas, if the petitioner takes the route from Veppamudu through Court road to Vadasery bus stand, it is only 2.40 kilometers. Therefore, the petitioner seeks permission to operate the vehicle through the Court road to save 1.3 kms in the served sector.

5.In fact, the issue involved in this petition has already been dealt with elaborately by this Court in W.P.(MD).No.99 of 2019, dated

28.01.2020, wherein, it is held as follows:

8. .... In the impugned order it has been “

wrongly stated that there will be 3.5 kilometers more from the permitted route and 2 kilometers in the served sector. The subsequent modifications made by the authorities cannot affect the route permit and it cannot be considered as an extension beyond the permitted distance of 4 kilometers in the served sector. In the event a decision is taken to restore the original route, the distance covered in the served sector will be as per the Scheme, ie., within 4 kilometers. As mentioned earlier, the object of operating mini bus is only to serve the commuters and the authorities have to act keeping in mind the convenience of the public and not the distance which would get increased because of the subsequent modification.

9.As per Rule 245 of the Tamil Nadu Motor Vehicle Rules, there shall be a provision of public stand for public service vehicles. As per Rule 245(a), the local authority shall make an application to the Regional Transport Authority for the purpose of providing public stand for public service vehicles. As per 245(j), the person employed at the stand maintained by the local authority, shall be responsible for maintaining the stand in a serviceable, clean and sanitary condition. Therefore, it can be inferred that it is incumbent on the local authority and the Regional Transport Authority to maintain the facilities to the commuters for the purpose of making a particular place for stopping and boarding.

10.As mentioned earlier, the local aut