IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.07.2025 CORAM :

THE HONOURABLE Ms. JUSTICE P.T.ASHA.

W.P.No.25307 of 2012 and M.P.No.1 of 2012

1.Union of India rep. by Chief Secretary to Government, Puducherry.

2.The Secretary, State Transport Authority, Puducherry. ... Petitioners Vs.

1.The State Transport Appellate Tribunal, Puducherry.

2.V. Jayaprakash … Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari calling for the records of the first respondent in MVA.No.12/11 dated 07.02.2012 and to quash the same.

For Petitioner 1 : Mr.R.Sreedhar, Additional Government Pleader, Pondicherry For Petitioner 2 : V.Vasanthakumar For Respondent 1 : Tribunal For Respondent 2 : Mr.Krishnappan, Senior Counsel for M/s.R.Swarnalatha

O R D E R

This matter was argued before the Hon'ble Mr. Justice J.Sathya Narayana Prasad and it is stated by both the learned counsels that the learned Judge had dismissed the writ petition in the open Court in their presence and thereafter dictated the detailed order. However, before signing the order, the Learned Judge had passed away. Having perused the records, this court agrees with the order as dictated by the learned Judge and both the counsels consent that the said order be adopted.

2. The petitioner has filed this petition to call for the records of the first respondent in MVA.No.12/11 dated 07.02.2012 and to quash the same.

3. The case of the petitioners is that the Government of Puducherry upon a decision to introduce mini buses in various parts of Union territory of Puducherry, issued an order in G.O.Ms.No.24/TD/Sectt-wing/2000-2001 dated 09.02.2001 and applications were called for on 14.02.2001 from eligible and interested candidates who satisfied the qualification set forth in the Government order. However, no applications were received in respect of certain rules. Therefore, the Government once again decided to call for applications for all routes on 19.11.2004. In respondent, 464 applications were received and the same were placed before the second petitioner/the State Transport Authority, Puducherry. Being a policy matter of the Government, the entire matter was referred to the Government, and the Government decided not to grant any mini bus permits vide proceedings No.5327/TD/TP10/2006 dated 25.07.2007. Challenging the said order, some of the applicants preferred appeals in M.V.A.Nos.7 of 2006, 4 of 2006, 11 of 2006, 9 of 2006 and 12 of 2006, before the first respondent, seeking to quash the same.

3.1. Pursuant to the filing of an appeals, the first respondent passed a common judgment dated 30.06.2011 setting aside the order dated 25.07.2007 and remitting the matter to the second petitioner/The Secretary, State Transport Authority for fresh consideration, within a period of two months from the date of receipt of the order. Again, the second petitioner considered the same on merits and rejected the grant of permits vide proceedings No.5327/TD/TP-1/2011 dated 08.09.2011. Aggrieved by the said order dated 08.09.2011, the appellants have preferred appeal before the first respondent in MV.A.No.10, 11, 12, 13 & 14 of 2011. ( the second respondent has preferred an appeal before the first respondent in MVA.No.12 of 2011) and the same was allowed by the first respondent vide order dated 07.02.2012 by setting aside the order dated 08.09.2011 and directing to second petitioner to grant Mini Bus permits. Challenging the said order dated 07.02.2012, the petitioners have come forward with the present writ petition.

4. Learned Additional Government Pleader for the petitioners submitted that the first respondent has failed to note that the terminal points of the routes are within the urban limits where the volume of vehicular traffic is already very high, causing sever traffic congestion. The grant of mini bus permits on these routes would only exacerbate the congestion, instead of facilitating the transport facilities of the public. The grant