Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
2. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that an appeal is pending before the State Transport Appellate Tribunal, Chennai, with regard to the curtailing of the permit of the petitioner by the respondents, in respect of his bus bearing registration Number TN-33-V-1599, plying between Vellakovil and Coimbatore Central Bus Stand.
3. It has been further submitted that an order of interim injunction has been granted by this Court by an order, dated 23.1.2004, made in W.P.M.P.No.950 of 2004. In view of the said order, the petitioner has been plying the bus between Vellakovil and Coimbatore Central Bus Stand, instead of terminating the same at Singanallur Bus stand, till date.
4. The learned counsel appearing on behalf of the respondents had submitted that the present writ petition is liable to be dismissed in view of the fact that the rights of the petitioner is to be decided by the State Transport Appellate Tribunal, Chennai, in the appeal filed before the said Tribunal. Hence, the present writ petition is devoid of merits.
5. The learned counsel for the petitioner had submitted that until the appeal is disposed of by the State Transport Appellate Tribunal, Chennai, the respondents ought to be restrained from preventing the petitioner from plying the bus, bearing registration Number TN-33-V-1599, between Vellakovil and Coimbatore Central Bus Stand at Gandhipuram, in view of the orders granted by this Court, on 23.1.2004, in W.P.M.P.No.950 of 2004.
6. In view of the submissions made by the learned counsels for the petitioner, as well as the respondents, the present writ petition is ordered to be closed, observing that it would be open to the petitioner to pursue his remedy before the State Transport Appellate Tribunal, Chennai, in the appeal preferred by the petitioner. In view of the fact that the present writ petition is being closed, the interim injunction granted by this Court earlier, cannot continue. However, it is open to the petitioner to make a representation before the second respondent for permitting the petitioner to ply the bus, bearing registration Number TN-33-V-1599, between Vellakovil and Coimbatore Central Bus Stand at Gandhipuram, instead of terminating the same at Singanallur Bus stand, within a period of one week from today and on receipt of the said representation, the second respondent shall dispose of the same, within a period of one week thereafter. However, the learned counsel for the respondents had submitted that the present arrangement would continue till the disposal of the representation. No costs.
Index:Yes/No 16-04-2009 Internet:Yes/No csh To
1.The Regional Transport Officer, Coimbatore South, Coimbatore.
2.The Regional Transport Authority, and the District Collector, Coimbatore.
3.The Secretary, Regional Transport Authority, Tiruppur.l
4.The Deputy Commissioner of Police, Traffic, Coimbatore City Police, Coimbatore.
M.JAICHANDREN,J.
csh Writ Petition No.951 of 2004 16-04-2009