O R D E R

As per the amended prayer, the prayer sought for herein is for a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent made in R.No.032874/A3/2019 dated 18.07.2020, quash the same and direct the second respondent to allow the application of the petitioner dated 04.12.2008, filed for extension of the route from Coimbatore Laxmi Mill to Coimbatore Gandhipuram Bus Stand in respect of its stage carriage bearing Regn.No.TN25 AD 2735 plying on the route Tirupur to Coimbatore Laxmi Mill so as to operate on the route Tirupur Old Bus Stand and Coimbatore Gandhipuram Bus Stand.

2. It is the case of the petitioner that, the petitioner firm was operating a stage carriage permit vehicle in Regn.No.TN-39-BE-0555 on the route between Tiruppur and Coimbatore Laxmi Mill. Initially the route was a town service operating in between Tiruppur Old Bus Stand to Karumathampatti. In the year 1996, the petitioner made an application for variation involving extension of route from Karumathampatti to Coimbatore by converting the town service into Moffusil service and grant of additional singles and reduction of singles on the existing route.

3. This application of the petitioner was allowed by the second respondent by proceedings dated 05.02.1996. However, while allowing the application, so far as the extension is concerned, it was restricted only upto Laxmi Mill on the ground that, the extension if at all permitted from Karumathampatti to Coimbatore ie., upto Coimbatore Bus Stand, it comes to 27 Kms, however in terms of Section 80(3) of the Motor Vehicles Act, 1988, extension can be granted only upto 24 Kms. Therefore, the extension request was restricted only upto Laxmi Mills because 24 Kms from Karumathampatti ends at Coimbatore Laxmi Mills. That is how the petitioner, after getting that variation in 1996 has been plying the vehicle in the permit route between Tiruppur Bus Stand to Coimbatore Laxmi Mill.

4. When that being so, the petitioner has made an application in the year 2008 for further variation or extension from Laxmi Mill to Coimbatore Gandhipuram Bus Stand covering 3 Kms. The said application submitted by the petitioner was not considered. Therefore, the petitioner has filed number of writ petitions and every time writ of mandamus were issued to consider the application of the petitioner. However, there has been no fruitful action, according to the petitioner, was forthcoming from the respondents. Ultimately, a writ petition was again filed by the petitioner in W.P.No.11450 of 2019, where a direction was given by this Court on 29.04.2019, directing the Regional Transport Authority, Tiruppur North Region ie., the second respondent herein to consider the request of the petitioner and to pass orders on merits.

5. Accordingly, a date was fixed for hearing by giving notice to all the operators in the said route on 01.11.2019. On that date, though several operators attended the hearing, some of them sought for further adjournment and some of them had made their objections or protest. The Tamil Nadu State Transport Corporation Limited also appeared in the said hearing before the respondents and they also made a protest saying that, the application since was submitted seeking variation for a modified area, that application for variation should be treated as an application for grant of fresh permit, which is prohibited and therefore the said request can be rejected. The respondent Regional Transport Authority, having considered all the objections as well as the plea made by the petitioner, passed an order dated 18.07.2020 stating that under Section 80(3) of the Motor Vehicles Act, 1988 the application for variation of permit involving extension of route shall be treated as an application for grant of new permit and as per Section 6(4) of the Tamil Nadu Motor Vehicles (Special Provisions) Act, ie., Act 41 of 1992, no new permit shall be granted to any person on any route covered by the approved scheme. By stating this rea