P. Duraisamy vs The Secretary on 17 August, 2005

Madras High Court

       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS           

Dated: 17/08/2005 

Coram 

THE HON'BLE MR. MARKANDEY KATJU, THE CHIEF JUSTICE            
and 
THE HON'BLE MR. JUSTICE A. KULASEKARAN          

Writ Petition No.15287 of 2005

P. Duraisamy                           .. Petitioner

-Vs-

1.  The Secretary,
    State Government of
    Tamil Nadu,
    Home (Transport) Department,
    Fort St. George, Chennai-9.

2.  The Regional Transport Authority,
    Coimbatore South Region,
    Coimbatore.

3.  The Regional Transport Authority,
    Tiruppur Region, Tiruppur.

4.  The Regional Transport Officer,
    Tiruppur.

5.  The Regional Transport Officer,
    Coimbatore South, Coimbatore.

6.  The Managing Director,
    Tamil Nadu State Transport
    Corporation, Coimbatore.                    .. Respondents


        Writ Petition filed under Article 226 of  the  Constitution  of  India
praying  for  the  issue of writ of mandamus forbearing the respondents 1 to 5
from implementing the variations granted in favour of the individual operators
between the period January 1996 to May 1996  in  the  District  of  Coimbatore
taking  into  consideration  the  convenience  of  the  travelling public with
reference to the petitioner's representation dated 4.4.2005.


!For petitioner :  Mr.  AR.L.  Sundaresan

For respondents:  Mr.  V.Raghupathy 
                Govt.  Pleader
                Mr.  Palani


:ORDER

(Order of the Court was made by
The Honourable The Chief Justice)

The petitioner’s grievance is against the variation of permit
conditions by order of the Regional Transport Authority, Coimbatore.

2. Every order of the Regional Transport Authority can be challenged
by way of appeal/revision under Section 89/90 of the Motor Vehicles Act, 1988
(hereinafter referred to as the ‘Act’). Hence this petition is dismissed on
the ground of alternative remedy before the State Transport Appellate
Tribunal. If such an appeal/revision is filed we hope and trust that the same
shall be decided expeditiously in accordance with law after hearing the
parties concerned. If any such appeal/revision is filed under Section 89/90
of the Act within three weeks from today, the same will be entertained without
raising any objection as to limitation and shall be decided expeditiously
thereafter. The Regional Transport Authority shall supply certified copy of
all the proceedings varying the permit conditions if the petitioner approaches
for the same. W.P.M.P.No.16629 of 2005 is closed.

Index:Yes
Internet:Yes

1. The Secretary,
State Government of
Tamil Nadu,
Home (Transport) Department,
Fort St. George, Chennai-9.

2. The Regional Transport Authority,
Coimbatore South Region,
Coimbatore.

3. The Regional Transport Authority,
Tiruppur Region, Tiruppur.

4. The Regional Transport Officer,
Tiruppur.

5. The Regional Transport Officer,
Coimbatore South, Coimbatore.

6. The Managing Director,
Tamil Nadu State Transport
Corporation, Coimbatore.

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