Advocates:
['M/S K HARIHARAN', 'M/S K J SIVAKUMAR', '', 'AOS NOT FILED', '', 'R STATE TRANSPORT AUTHORITY', 'Chepauk', 'Chennai', 'PVT NOTICE']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

05.08.2022

Pronounced on

09.11.2022

CORAM:

THE HONOURABLE Ms. JUSTICE R.N.MANJULA

C.R.P.No.907 of 2022

and C.M.P.No.1600 & 1690 of 2022

A.M.Vijayammal ... Petitioner

Vs.

1. State Transport Authority,

Chepauk,

Chennai – 600 005. ... first respondent

2. Tamilnadu State Transport Corporation,

(Villupuram Division III) Limited,

Kancheepuram. ... objector/

second Respondent

Civil Revision Petition is filed under Article 227 of Constitution of India

against the order of the learned State Transport Appellate Tribunal, Chennai in

M.V.Appl.No.01/2021 dated 14.12.2021.

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For Petitioner : Mrs.S.Radha Gopalan

for Mr.K.Hariharan

For Respondent-1 : Mr. E.Vijay Anand

Additional Government Pleader

2: Mr. K.J.Sivakumar

ORDER

This Civil Revision Petition has been preferred challenging the order of

the learned State Transport Appellate Tribunal dated 14.12.2021 made in M.V.

Appeal No.1 of 2021.

2. The above appeal was preferred by the petitioner before the Tribunal

against the order of the first respondent / State Transport Authority made in

proceedings in R.No.E3/67141/2008 dated 30.11.2020 rejecting the

application for counter signature for the variation granted by the State

Transport Authority, Andhra Pradesh at erstwhile Hyderabad, now at

Vijayawada in respect of the vehicle bearing Reg. No.TN-73-Z-2907 since

replaced by TN-23-AZ-9707 plying on the route 'Tirupati' to 'Arakkonam'.

And the Appeal was dismissed by confirming the order of the State Transport

Authority. Aggrieved over the same, this Civil Revision Petition has been

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filed.

3. The brief facts which are necessary for the disposal of this petition are

as follows:

The petitioner is an inter-state operator operating her stage carriage TN-

73-Z-2907 lastly replaced by TN-23-AZ-9707 plying on the inter-state route

Tirupati to Arakkonam via Renigunta, Puttur, Nagari, and Tirutanni and the

vehicle is permitted to do five singles on the route as per the inter-state

agreement and these five singles alone have been countersigned by the first

respondent periodically. The petitioner was granted with one additional

vehicle in the same route by the primary authority (i.e) State Transport

Authority, Hyderabad, involving variations to include one more vehicle with

two additional singles on the very same permit. The State Transport Authority,

Hyderabad granted the request outside the purview of inter-state agreement on

double point tax vide proceedings in R.No.12649/E1/84 dated 25.06.1985.

3.1. Consequent to the variation granted by the primary authority, the

petitioner approached the first respondent for grant of countersignature of the

said variation. The petitioner had also filed a Writ Petition in W.P. No.14038

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of 1989 and got a direction on 06.03.1990 to consider the application. On

consideration, the countersignature for variation of permit was rejected by the

first respondent.

3.2 Aggrieved by the order of rejection, the petitioner filed an application

before the Tribunal in M.V. No.194/1990 and the Tribunal by its order dated

05.12.1990 allowed the appeal with a direction to grant variation.

3.3. The objector / Tamil Nadu State Transport Corporation,

Kancheepuram has filed a Writ Appeal in W.A. No.1675/2000 and challenged

the order of the Tribunal. This Court vide its order dated 16.10.2006 made in

W.A. No.1675 of 2000, set as