IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.11.2017 CORAM THE HONOURABLE MR.JUSTICE N. KIRUBAKARAN W.P.No.29119 of 2017 and W.M.P.No.31379 of 2017 K.Muthukumar ...Petitioner Vs.
1. The District Collector and Regional Transport Authority Collector's Office Tirupur.
2. The Regional Transport Officer Tiruppur South Veerapandi Tiruppur-641 605.
3. The Inspector of Police Avinashipalayam Tiruppur District.
4. Thiru.Thangamuthusamy Proprietor T.S.R.Bus Service Komali Thottam Pitchampalayapudhur Tiruppur-641 603. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to take necessary action against 4th respondent to operate the bus route no.15 assigned to the town bus bearing registration number TN 42 J 0015 from Tiruppur Bus Stand to Vengipalayam Via.Koduvaoi as per the order in his proceedings in Na.Ka.No.33287/A2/2017 dated 20.09.2017.
For Petitioner : Mr.K.S.Kaviarasu For Respondents : Mr.P.V.Selvakumar [For R1 to R3] Appearance for R4 [dispensed with] O R D E R The petitioner is a resident of Vengipalayam, Tirupur district. The fourth respondent has been given a route permit to run on route no.15 in Tirupur Town service between Tirupur Bus Stand to Vengipalayam via Government Hospital, Chettipalayam, Avinashipalayam and Koduvoi with a set of scheduled timings.
2. Though, initially the fourth respondent operated the bus service between Tirupur Bus Stand to Koduvoi, subsequently, the route was extended upto Vengipalayam, based on the representation given by the villagers. For the past 1 year, the fourth respondent is not operating between Tirupur Bus Stand to Vengipalayam and stopped operating in the Koduvoi route itself, which causes much inconvenience to the villagers, especially, to the school going children.
3. In this regard, a petition was given to the authorities on 31.05.2016 and in turn, the second respondent suitably instructed the fourth respondent on 04.07.2016. The second respondent instructed the fourth respondent to stick on to the route. Similarly, again based on the representation, the second respondent/Regional Transport Authority by communication, dated 20.09.2017 directed the fourth respondent to abide by the schedule and also the route. Since it has not been complied with, the petitioner is before this Court.
4. Heard Mr.K.S.Kaviarasu, learned counsel for the petitioner and Mr.P.V.Selvakumar, learned Additional Government Pleader appearing for the respondents 1 to 3. The appearance of the fourth respondent is dispensed with.
5. The prayer sought for by the petitioner is only to direct the second respondent to take action for not complying with its order dated 04.07.2017 and 20.09.2017. When a route has been given by the Transport Authorities in the interest of the villagers, the fourth respondent is bound to follow the same and the fourth respondent cannot choose its route, ignoring the rest of the route, causing much inconvenience to the villagers. Once a route permit has been given by the authorities, it has to be scrupulously followed.
6. Therefore, the second respondent is directed to take appropriate action against the fourth respondent as per the order dated 04.07.2017 and 20.09.2017, within a period of one week from the date of receipt of a copy of this order.
7. With the above direction, the writ petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
For compliance call the matter on 30.11.2017.
15.11.2017
maya Note: Issue order copy on 20.11.2017 Index : Yes/No To
1. The District Collector and Regional Transport Authority Collector's Office Tirupur.
2. The Regional Transport Officer Tiruppur South Veerapandi Tiruppur-641 605.
3. The Inspector of Police Avinashipalayam Tiruppur District.
N.KIRUBAKARAN, J.
maya W.P.No.29119 of 2017 Dated : 15.11.2017