BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05/08/2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.7373 of 2011 and M.P(MD)No.1 of 2011 Madurai District Mini Bus Owners Association, Door No.26, Vella Pillayar Koil Street, Madurai. ... Petitioner Vs. 1.The Regional Transport Authority, (District Collector), Madurai District. 2.The Commissioner, Madurai City Corporation, Madurai. 3.The Commissioner of Police, Madurai. 4.The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division I, Bye Pass Road, Madurai. 5.Vellaithurai, The Assistant Commissioner of Police (L&O), Anna Nagar, Madurai. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus forbearing the respondents from interfering with the right of the members of the petitioner Association to park the petitioners' mini buses shown in the list annexed to this writ petition in front of the open yard of the Madurai Integrated Mattuthavani Bus Stand, Madurai. !For Petitioner ... Mr.G.Prabhu Rajadurai ^For Respondents ... Mr.TR.Janarthanam, Additional Govt. Pleader for R.1, R.3 and R.4 Mr.M.Ravishankar for R.2 R5-Dispensed with. * * * * * :ORDER
This writ petition has been filed by the petitioner to issue a writ of
Mandamus forbearing the respondents from interfering with the right of the
members of the petitioner Association to park the petitioners’ mini buses shown
in the list annexed to this writ petition in front of the open yard of the
Madurai Integrated Mattuthavani Bus Stand, Madurai.
2. Heard Mr.G.Prabhu Rajadurai, learned Counsel for the petitioner,
Mr.TR.Janarthanam, learned Additional Govt. Pleader for respondents 1, 3 and 4
and Mr.M.Ravishankar for the second respondent. In view of the order that is to
be passed, notice to the fifth respondent is dispensed with.
3. By consent, the writ petition itself is taken up for disposal.
4. The first respondent – The Regional Transport Authority, Madurai
District, has filed the status report and paragraph 11 of it, reads as follows:
“11. It is humbly submitted that on an oral representation made by the
Mini Bus operators the situation was enlightened to the Regional Transport
Authority in person. The Regional Transport Authority has issued appropriate
instructions to the authorities concerned and presently the mini buses and town
buses are allowed to park in the open area of the bus stand. As arrived at the
meeting convened by the then Regional Transport Authority on 12.12.2006 and
23.01.2007 in R.No.72253/A3/2006 the mini buses have been permitted to park in
the open area of the bus stand and the status quo being maintained and the
Regional Transport Authority has not passed any orders on shifting the parking
place. Thus the prayer of the petitioner has already been fulfilled and there
is no violation on the decision taken at the time of meeting on 23.01.2007.”
5. In view of paragraph 11 of the status report filed by the first
respondent, the petitioner shall continue to park their Mini Buses as stated
above till the final decision is arrived at by the Regional Transport Authority
in terms of the order passed by the Division Bench of this Court in
W.P(MD)Nos.6688 and 8125 of 2006 dated 21.09.2006.
6. The writ petition stands disposed of in the above terms. Consequently,
the connected Miscellaneous Petition is closed. No costs.
rsb
To
1.The Regional Transport Authority,
(District Collector),
Madurai District.
2.The Commissioner,
Madurai City Corporation,
Madurai.
3.The Commissioner of Police,
Madurai.
4.The Managing Director,
Tamil Nadu State Transport Corporation,
Madurai Division I, Bye Pass Road,
Madurai.
