IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.28485 – 28486/2018 (MV) BETWEEN:
T.VENKATESAN S/O THIRUMALAPPA AGED ABOUT 48 YEARS NO.6, 17TH CROSS, 7TH MAIN BTM 2ND STAGE BENGALURU-560076 ... PETITIONER [BY SRI M.E.NAGESH, ADV.] AND:
1 . THE STATE OF TAMIL NADU BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT (TR.III) SECRETARIAT, CHENNAI-600009 TAMIL NADU 2 . THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT VIDHANA SOUDHA, BENGALURU-560001 3 . UNION OF INDIA BY ITS SECRETARY TO GOVERMMENT OF INDIA TRANSPORT DEPARTMENT NEW DELHI-110001 4 . M/s TAMILANDU STATE TRANSPORT CORPORATION LIMITED (SALEM), DHARMAPURI REGION, SALEM MAIN ROAD, BHARATHIPURAM DHARMAPURI-636705 TAMILANDU, REP BY ITS MANAGING DIRECTOR …RESPONDENTS [BY SRI B.N.JAYADEVA, ADV. FOR R-1 & R-4; SRI SHIVAPRABHU S. HEREMATH, AGA FOR R-2; SRI S.ISMAIL ZABIULLA, ADV. FOR R-3.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO STRIKE DOWN TAMIL NADU COMPREHENSIVE AREA SCHEME OF 2011 PUBLISHED BY THE FIRST RESPONDENT BY NOTIFICATION DATED 23RD FEBRUARY 2011, IN SO FAR IT RELATES TO THE STAGE CARRIAGE PERMITS PETITIONER IN No.12/90-91 FOR THE ROUTE MASTI TO BENGALURU AND BACK AND PERMIT No.13/90-91 FOR THE ROUTE BENGALURU TO AVALAPALLI DAM AND VARIED UPTO DASANAPURA AND BACK GRANTED BY THE KARNATAKA STATE TRANSPORT AUTHORITY BENGALURU ON THE ENCLAVE PORTION OF TAMIL NADU STATE FOR A DISTANCE OF WITHIN 16 KMS VIDE ANNEXURE-H.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for the following reliefs:-
“i) Strike down the Tamil Nadu Comprehensive Area Scheme of 2011 published by the first respondent by Notification No.G.O.M.S.No.136 HOME (TRANSPORT-III) dated: 23.02.2011, in so far as it relates to the stage carriage permits of the petitioner in No.12/90-91 for the route Masti to Bengaluru and back and permit No.13/90-91 for the route Bengaluru to Avalapalli Dam and varied upto Dasanapura and back granted by the Karnataka State Transport Authority Bengaluru on the enclave portion of Tamil Nadu State for a distance of within 16 kms as per Annexure – H.
ii) Declare that Tamil Nadu Comprehensive Area scheme of 2011 published by the first respondent by Notification No.G.O.MS.No.136 HOME (TRANSPORT-III) dated 23.02.2011, issued by the first respondent as per Annexure – H is null and void and not applicable to the stage carriage permits of the petitioner’s permit No.12/90-91 and 13/90-91 issued by the Karnataka State Transport Authority for enclave routes Masti to Bengaluru and back and Avalapalli Dam to Bengaluru Kalasipalyam Bus Stand and on to Dasanapura and back.”
2. In view of the order of the Hon’ble Madras High Court, Madurai Bench in W.P.(MD) No.2893/2011 and connected matter (D.D. 18.04.2018), whereby the Tamil Nadu Comprehensive Area Scheme dated 23.02.2011 having been set aside, the writ petitions do not survive for consideration.
Accordingly, the writ petitions stand disposed of, as having rendered infructuous.
Sd/- JUDGE PMR