ORDER

This writ petition is filed challenging the order passed by the first respondent in R.No.37561/A3/2018 dated 04.10.2018 and consequently direct the first respondent to permit the petitioner's mini bus bearing Registration No.TN-74-E-7848 to make use of Vadasery Bus stand, Nagercoil for the benefit of the traveling public while operating the mini bus on the notified route ie., Vadasery Bus Stand Junction to Therku Kannankulam.

2.The petitioner is a mini bus operator in Nagercoil Town, owning the vehicle bearing Registration No.TN-74E-7848 for the route Vadaseri bus stand to Therku Kannankulam. The present permit issued to the petitioner is valid till 02.01.2021. As a mini bus operator, the petitioner is permitted to operate 4 kilometers in the served route by the Government buses. Now, the challenge is to the order dated 04.10.2018 made in R.No.37561/A3/2018. Originally the vehicle in question was granted a mini bus permit to ply on the route from Vadasery bus stand junction to Therku Kannankulam. The entire stretch of the route is about 6.5 kilometers, of which, 4 kilometers is a served sector and 2.5 kms is unserved sector. The vehicle was allowed to go through from Vadasery bus stand junction to Anna Stadium, Tower junction, Anna bus stand, Government hospital, Kottar, Edalakudy, Annai Bridge, Kulathoor, Kulathoor Colony and Therku Kannankulam.

3.It is stated by the respondents that Vadasery bus stand does not come under the route permit of the vehicle in question and Vadasery bus stand is about 250 metres from the starting point to Vadasery bus stand junction. It is further stated that the mini bus is allowed only to go through the Anna bus stand and not through Vadasery bus stand. If the vehicle is allowed to go through the Court road, there will be 3.5 kilometers more from the permitted route and 2 kilometers in the served sector, as the Court road is a one way road. However, it is argued by the learned counsel for the petitioner that if the request of the petitioner to enter into the Vadasery bus stand is granted, it will be beneficial for the rural public. Further it is argued that while returning from Therku Kannankulam, there is one way, therefore, there is a need to go through Veppamodu junction, Court Road and reach Vadasery bus stand, whereas, if the petitioner is allowed to go through the Veppamudu road, Anna bus stand, Cape road, Ozhuginasery and reach Vadasery bus stand, the distance is 3.70 kilometers. 4.The contention of the learned Special Government Pleader is that if the petitioner is allowed to operate the vehicle as requested by him, it would be beyond the permit granted, which was only upto 4 kilometers.

5.Now the question is whether the petitioner can be allowed to go through the Court road, W.C.C.road and reach Vadasery bus stand?

6.As per the original permit granted to the erstwhile owner of the bus on 30.12.2015, the permitted route is Vadasery bus stand junction to Therku Kannankulam (via) Anna Stadium, Tower junction, Anna bus stand, Government hospital, Kottar, Edalakudi bus stop, Aanai bridge Kolathur, Kolathur colony, Therku Kannankulam.

7.As per the Scheme, mini buses can be plied upto a distance of 4 kilometers in the served sector and 16 kilometers in the unserved sector. Admittedly, the route permit granted is valid for the period from 03.01.2016 to 02.01.2021. In the instant case, when the permit is in force, modification has been made by the traffic police, as per which, the route from Veppamudu via Anna stadium to Vadasery bus stand is made one way and the first respondent has directed the petitioner to operate in a different circuitous route specified by them, which is turning on the right side of Anna bus stand, Cape road, Meenakshipuram road, Ozhiginasery and reach Vadasery bus stand. The subsequent arrangements in the traffic will not alter the route permit granted to the mini buses. The traffic authorities have made the routes one way to avoid traffic congestion, which should not