ORDER :

G. JAYACHANDRAN, J.

Two Writ Petitions are filed as Public Interest Litigations aggrieved by G.O.Ms.No.792 (Revenue & Disaster Management Department) dated 28.10.2025 issued by the first respondent namely the Government of Tamil Nadu, Additional Chief Secretary, Revenue and Disaster Management Department, Chennai.

2.The grievance of these two petitioners is that the 3.5 acres of land identified for constructing new bus stand is owned by Sulochanambal Chathiram, Thanjavur, a public charitable Trust administered by the District Collector of Thanjavur as an ex-officio administrator. The said Trust own 8.38 acres of land in total and same been leased out to the Aranthangi Weekly Market Merchant Welfare Association, Aranthangi. The said merchant association conduct shandy twice a week in the said land. While so, without following the process contemplated under the Motor Vehicles Act, 1988 and the Tamil Nadu Town and Country Planning Act, 1971, G.O.Ms.No.792 dated 28.10.2025, came to be passed and on the same day work order also was issued in favour of the fifth respondent.

3.Learned Senior Counsel appearing for the writ petitioners would submit that Rule 245 of the Motor Vehicles Rules mandates certain procedures before construction of bus stand. Mainly the local authority which contemplates construction of public bus stand has to apply to the Regional Transport Authority for approval of the scheme for constructing bus stand. The said application for approval to the Regional Transport Authority shall accompany a sketch of the proposed site and the blueprint of the structure proposed to be erected with the approval of the Director of Town and Country Planning, Madras. The application should also contain particulars about the advantage of having the public bus stand, classes of vehicles for which the stand is proposed and few other informations which are necessary for the Regional Transport Authority to apply its mind, process the application and either grant approval or reject the same or grant approval of the scheme with modification. One of the requirements contemplated under Rule 245 is the Regional Transport Authority to give opportunity to the permit holders of the existing stage carrier services in the area, while approving a public stand.

4.It is the specific allegation of the writ petitioners that the procedure contemplated under Rule 245 not followed by the Regional Transport Authority. However, enter upon permission under G.O.Ms.No.792 dated 28.10.2025 was issued and on the same day work order to the contractor also issued. Thus, the impugned order, a pre-determined decision of the authorities without following the due process is palpable on the face of the record.

5.Contending that the entire extent of 3.84 acres of land was initially leased out to the Merchant Association to carry on weekly shandy but after taking a decision to carve out 3.5 acres of land for the purpose of bus stand, the current year lease has restricted the area to 4 acres. Be it as it may, while taking a decision to take the Sulochanambal Chathiram land for long term lease, neither the owner of the property nor the local body had ensured the long term lease of the Trust property is given with the approval of the trustees or permission of the civil court.

6.When the matter came up for admission on 05.12.2025, we directed the respondents to file a composite report regarding the procedure followed before issuance of enter upon G.O.Ms.No.792, which is impugned. When the matter again came up on 19.12.2025, after hearing the counsels we found that the impugned order been passed with certain lapses and therefore, to ensure whether those lapses are curable and there was substantial compliance of the mandate prescribed under the statutes, we directed the District Collector to file a report regarding the process adopted for identifying the site for expansion of bus stand and whether any public hearing was given before issuing the enter upon permission and iden