Dismissed

B.Ramalingam v. State Transport Appellate

Madras HC27 Nov 2019WP/26278/2007

Case brief

AI extract

What is this about?

A single judge dismissed multiple writ petitions challenging a 2011 Government Order establishing a reciprocal bus route agreement between Tamil Nadu and Puducherry. The court refused to quash the order due to the significant delay, permitting petitioners to seek consideration in future agreements with a liberty to enforce natural justice.

What did the court decide?

Liberty granted to seek consideration in subsequent interstate agreements with a proviso that objections be taken into account transparently.

B.Ramalingam Vs State Transport Appellate — Service and Employment | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 27.11.2019

¶3

CORAM:

¶4

THE HONOURABLE DR.JUSTICE ANITA SUMANTH

¶5

W.P. Nos.26278 of 2007 & 11577, 11626, 11637, 11656, 11946 to 11948, 14647, 15724, 15725, 22117, 22118, 7060, 7343, 9091 to 9095, 9478, 9660 of 2011 and

¶6

M.P. Nos. 1 to 3 of 2007, 1, 2, 2, 3, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 2, 1, 2, 1 , 1 of 2011

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1 B.RAMALINGAM ... PETITIONER in WP No.26278 of 2007 1 K.VAITHIANATHAN ... PETITIONER in WP No.11577 of 2011 PROP. VAITHIANATHAN TRANSPORT SERVICE 177 CALVE SUBRAYA CHETTY STREET PUDUCHERRY. 1 K.VAITHIANATHAN ... PETITIONER in WP No.11626 of 2011 PROP.VAITHIANATHAN TRANSPORT SERVICE 177 CALVE SUBRAYA CHETTY STREET PUDUCHERRY

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1 PONDY ROADWAYS ... PETITIONER in WP No.11637 of 2011 REP. BY ITS MANAGER 21 3RD CROSS MARIYAMMAL NAGAR ARAVANIKUPPAM MUTHIYALPET PONDICHERRY-4.

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1 S.MATHIVANAN ... PETITIONER in WP No.11656 of 2011 PROP.VASANTHA RAJA BUS SERVICE 5 VALUDAVOOR ROAD PUDUCHERRY-9

¶10

1 S.RAJAGOPAL NO.1 EAST ... PETITIONER in WP No.11946 of 2011 ODUTHURAI KARAIKAL PUDUCHERRY. 1 S.BASTE SUBBARAYALU ... PETITIONER in WP No.11947 of 2011 NO.4 KARUVADIKUPPAM ROAD PUDUCHERRY. 1 N.MUTHUKRISHNAN NO.8 ... PETITIONER in WP No.11948 of 2011 KAMARAJ STREET ENGINEERI THOTTAM VANARPET PUDUCHERRY.

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https://hcservices.ecourts.gov.in/hcservices/

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1 S.P.DHANDAPANI ... PETITIONER in WP No.14647 of 2011 S/O.PACHIAPPA MUDALIAR BUS OPERATOR 1/4 4TH CROSS STREET SUBBIAH NAGAR PUDUCHERRY.

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1 R.KUMAR ... PETITIONER in WP No.15724 of 2011
NO.230 M.G.ROAD T.R.PATTINAM KARAIKAL
PONDICHERRY STATE.
1 N.SUBRAMANIAM ... PETITIONER in WP No.15725 of 2011
139 BHARATHIYAR ROAD KOTTUCHERRY KARAIKAL
PONDICHERRY STATE.
1 B.RAMALINGAM ... PETITIONER in WP No.22117 of 2011
PROPRIETOR LINGAM BUS SHED AND OFFICE NO.9
T.V.NAGAR MAIN ROAD MUTHIALPET PUDUCHERRY-
605 003.
1 B.RAMALINGAM ... PETITIONER in WP No.22118 of 2011
PROPRIETOR LINGAM BUS SHED AND OFFICE NO.9
T.V.NAGAR MAIN ROAD MUTHIALPET PUDUCHERRY-
605 003.
1 TMT.D.KANCHANA ... PETITIONER in WP No.7060 of 2011
100 FEET ROAD ELLAIPILLAICHAVADI PUDUCHERRY
1 K. KALIAMOORTHY ... PETITIONER in WP No.7343 of 2011
206A KAMARAJ SALAI PONDICHERRY
1 V.GOWRI ... PETITIONER in WP No.9091 of 2011
W/O.A. VENKATAKRISHNAN 14 1ST CROSS ST
VENKATA NAGAR PUDHUCHERRY
1 V.GOWRI ... PETITIONER in WP No.9092 of 2011
W/O.A. VENKATAKRISHNAN 14 1ST CROSS ST
VENKATA NAGAR PUDHUCHERRY
1 V.JAYAPRAKASH ... PETITIONER in WP No.9093 of 2011
14 1 ST CROSS ST VENKATA NAGAR
PUDHUCHERRY
1 B.SATHISH ... PETITIONER in WP No.9094 of 2011
S/O.BHASKAR 22 REDDIAR ST KARIAMANICKAM
PUDHUCHERRY

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https://hcservices.ecourts.gov.in/hcservices/

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1 S.GAYATHRI DEVI ... PETITIONER in WP No.9095 of 2011
W/O.J. SEKAR 126 REDDIAR ST KARIAMANICKAM
PUDHUCHERRY
1 A. VISWANATHAN ... PETITIONER in WP No.9478 of 2011
107 CUDDALORE MAIN ROAD MUDALIAR PET
PUDUCHERRY - 605 011.
1 M.RAJAVENI ... PETITIONER in WP No.9660 of 2011
S/O.S.MANICKASAMY (LATE) NO.20 ILLANGO
NAGAR PUDUCHERRY-605 011.
VS
1 STATE TRANSPORT APPELLATE
TRIBUNAL CHENNAI-104
2 STATE TRANSPORT AUTHORITY
CHENNAI-5 ... RESPONDENT in WP No.26278 of 2007
1 THE GOVERNMENT OF TAMIL NADU
REP. BY ITS SECRETARY TO GOVERNMENT HOME
PROHIBITION & EXCISE (TRANSPORT-III)
DEPARTMENT PUDUCHERRY.
2 TRANSPORT COMMISSIONER
GOVERNMENT OF TAMIL NADU CHENNAI.
3 GOVERNMENT OF PUDUCHERRY
REP. BY ITS SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT PUDUCHERRY.
... RESPONDENT in WP No.11577 of 2011
1 THE GOVERNMENT OF TAMILNADU
REP. BY ITS SECRETARY TO GOVERNMENT HOME
(TRANSPORT-III) DEPARTMENT FORT ST.GEORGE
CHENNAI-9
2 TRANSPORT COMMISSIONER
GOVERNMENT OF TAMIL NADU CHENNAI
3 GOVERNMENT OF PUDUCHERRY
REP. BY ITS SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT PUDUCHERRY

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https://hcservices.ecourts.gov.in/hcservices/

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1 GOVERNMENT OF TAMIL NADU
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
HOME PROHIBITION & EXCISE (TRANSPORT III)
DEPARTMENT FORT ST. GEORGE CHENNAI-9.
2 TRANSPORT COMMISSIONER
GOVERNMENT OF TAMIL NADU CHENNAI.
3 GOVERNMENT OF PUDUCHERRY
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT PUDUCHERRY.
... RESPONDENT in WP No.11637 of 2011
1 THE GOVERNMENT OF TAMILNADU
REP. BY ITS SECRETARY TO GOVERNMENT HOME
PROHIBITION AND EXCISE (TRANSPORT-III)
DEPARTMENT FORT ST.GEORGE CHENNAI-9
2 TRANSPORT COMMISSIONER
GOVERNMENT OF TAMILNADU CHENNAI
3 GOVERNMENT OF PUDUCHERRY
REP. BY ITS SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT PUDUCHERRY
... RESPONDENT in WP No.11656 of 2011
1 THE GOVERNMENT OF TAMIL NADU
REP.BY ITS SECRETARY TO GOVERNMENT HOME
PROHIBITION AND EXCISE (TRANSPORT III)
DEPARTMENT FORT ST. GEORGE CHENNAI 9.
2 TRANSPORT COMMISSIONER
GOVERNMENT OF TAMIL NADU CHENNAI.
3 GOVERNMENT OF PUDUCHERRY
REP.BY ITS SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT PUDUCHERRY.
... RESPONDENT in WP No.11946 of 2011
1 THE GOVERNMENT OF TAMIL NADU
REP.BY ITS SECRETARY TO GOVERNMENT HOME
PROHIBITION AND EXCISE (TRANSPORT III)
DEPARTMENT FORT ST. GEORGE CHENNAI 9.
2 TRANSPORT COMMISSIONER
GOVERNMENT OF TAMIL NADU CHENNAI.

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https://hcservices.ecourts.gov.in/hcservices/

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3 GOVERNMENT OF PUDUCHERRY
REP.BY ITS SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT PUDUCHERRY.
... RESPONDENT in WP No.11947 of 2011
1 THE GOVERNMENT OF TAMIL NADU
REP.BY ITS SECRETARY TO GOVERNMENT HOME
PROHIBITION AND EXCISE (TRANSPORT III)
DEPARTMENT FORT ST. GEORGE CHENNAI 9.
2 TRANSPORT COMMISSIONER
GOVERNMENT OF TAMIL NADU CHENNAI.
3 GOVERNMENT OF PUDUCHERRY
REP.BY ITS SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT PUDUCHERRY.
... RESPONDENT in WP No.11948 of 2011
1 THE GOVERNMENT OF TAMIL NADU
REP. BY THE SECRETARY TO GOVERNMENT HOME
PROHIBITION AND EXCISE (TRANSPORT-III)
DEPARTMENT FORT ST. GEORGE CHENNAI.
2 THE TRANSPORT COMMISSIONER
GOVERNMENT OF TAMIL NADU CHENNAI-5.
3 THE GOVERNMENT OF PUDUCHERRY
REP. BY THE SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT PUDUCHERRY.
... RESPONDENT in WP No.14647 of 2011
1 THE GOVERNMENT OF TAMIL NADU
REP. BY ITS SECRETARY TO GOVERNMENT HOME
(TRANSPORT-III) DEPARTMENT FORT ST. GEORGE
CHENNAI-9.
2 GOVERNMENT OF PUDUCHERRY
REP. BY ITS SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT PUDUCHERRY.
... RESPONDENT in WP No.15724 of 2011
1 THE GOVERNMENT OF TAMIL NADU
REP. BY ITS SECRETARY TO GOVERNMENT HOME
(TRANSPORT-III) DEPARTMENT FORT ST. GEORGE
CHENNAI-9.
2 GOVERNMENT OF PUDUCHERRY
REP. BY ITS SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT PUDUCHERRY.
... RESPONDENT in WP No.15725 of 2011

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https://hcservices.ecourts.gov.in/hcservices/

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1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT HOME PROHIBITION & EXCISE (TRANSPORT-III) DEPARTMENT FORT ST. GEORGE CHENNAI-9. 2 THE TRANSPORT COMMISSIONER GOVERNMENT OF TAMIL NADU CHEPAUK CHENNAI-5 3 THE GOVERNMENT OF PUDUCHERRY REP. BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT PUDUCHERRY ... RESPONDENT in WP No.22117 of 2011

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1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT HOME PROHIBITION & EXCISE (TRANSPORT-III) DEPARTMENT FORT ST. GEORGE CHENNAI-9. 2 THE TRANSPORT COMMISSIONER GOVERNMENT OF TAMIL NADU CHEPAUK CHENNAI-5 3 THE GOVERNMENT OF PUDUCHERRY REP. BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT PUDUCHERRY ... RESPONDENT in WP No.22118 of 2011

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1 GOVERNMENT OF TAMILNADU REP BY ITS SECRETARY TO GOVT. HOME PROHIBITION AND EXCISE (TRANSPORT III) DEPT. FORT ST.GEORGE CHENNAI 9 2 TRANSPORT COMMISSIONER GOVERNMENT OF TAMILNADU CHENNAI 3 GOVERNMENT OF PUDUCHERRY REP BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPT. PUDUCHERRY 4 K.JANAKIRAMA REDDIAR S/O.KONDA REDDIAR 167/9 BASHYAM NAGAR MANJAKUPPAM CUDDALORE 5 J.SRIDHARAN S/O.K.JANAKIRAMA REDDIAR 9 PILLAYAR KOIL STREET ABISHEGAPAKKAM PONDICHERRY - 605 007. 6 RR4 AND 5 IMPL AS PER ORDER DT 19/04/2011 BY MJJ IN MPS 4 AND 5/2011 IN WP 7060/2011 ... RESPONDENT in WP No.7060 of 2011

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https://hcservices.ecourts.gov.in/hcservices/

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1 THE STATE TRANSPORT AUTHORITY
CHEPAUK CHENNAI 4
2 THE STATE TRANSPORT
AUTHORITY PUDUCHERRY ... RESPONDENT in WP No.7343 of 2011
1 UNION TERRITORY OF PUDUCHERRY
REP BY ITS SECRETARY TRANSPORT DEPT.
PUDUCHERRY
2 THE STATE OF TAMILNADU
REP BY ITS SECRETARY (HOME) (TRANSPORT III)
DEPT. FORT ST.GEORGE CHENNAI 9
3 STATE TRANSPORT AUTHORITY
PUDUCHERRY
4 STATE TRANSPORT AUTHORITY
TAMILNADU EZHILAGAM BUILDING CHENNAI 5
... RESPONDENT in WP No.9091 of 2011
1 UNION TERRITORY OF PUDUCHERRY
REP BY ITS SECRETARY TRANSPORT DEPT.
PUDUCHERRY
2 THE STATE OF TAMILNADU
REP BY ITS SECRETARY (HOME) (TRANSPORT III)
DEPT. FORT ST.GEORGE CHENNAI 9
3 STATE TRANSPORT AUTHORITY
PUDUCHERRY
4 STATE TRANSPORT AUTHORITY
TAMILNADU EZHILAGAM BUILDING CHENNAI 5
... RESPONDENT in WP No.9092 of 2011
1 THE STATE OF TAMILNADU
REP BY ITS SECRETARY HOME (TRANSPORT) DEPT.
FORT ST. GEORGE CHENNAI 9
2 THE UNION TERRITORY OF
PONDICHERRY REP BY ITS SECRETARY HOME
(TRANSPORT) DEPT. PUDUCHERRY
3 THE STATE TRANSPORT AUTHORITY
CHEPAUK CHENNAI 5
4 N.GOPALAKRISHNAN
S/O.P.NAGAMUTHU 3 MAHOUR PONDY MAIN ROAD
PINNACHIKUPPAM BAHOUR COMMUNE
PONDICHERRY ... RESPONDENT in WP No.9093 of 2011

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https://hcservices.ecourts.gov.in/hcservices/

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1 UNION TERRITORY OF PUDUCHERRY
REP BY ITS SECRETARY TRANSPORT DEPT.
PUDUCHERRY
2 THE STATE OF TAMILNADU
REP BY ITS SECRETARY (HOME) (TRANSPORT III)
DEPT. FORT ST.GEORGE CHENNAI 9
3 THE STATE TRANSPORT AUTHORITY
PUDUCHERRY
4 STATE TRANSPORT AUTHORITY
TAMILNADU EZHILAGAM BUILDING CHENNAI 5
5 N.GOPALAKRISHNAN
S/O.P.NAGAMUTHU 3 MAHOUR PONDY MAIN ROAD
PINNACHIKUPPAM BAHOUR COMMUNE
PONDICHERRY ... RESPONDENT in WP No.9094 of 2011
1 UNION TERRITORY OF PUDUCHERRY
REP BY ITS SECRETARY TRANSPORT DEPT.
PUDUCHERRY
2 THE STATE OF TAMILNADU
REP BY ITS SECRETARY (HOME) (TRANSPORT III)
DEPT. FORT ST.GEORGE CHENNAI 9
3 THE STATE TRANSPORT AUTHORITY
PUDUCHERRY
4 STATE TRANSPORT AUTHORITY
TAMILNADU EZHILAGAM BUILDING CHENNAI 5
5 N.GOPALAKRISHNAN
S/O.P.NAGAMUTHU 3 MAHOUR PONDY MAIN ROAD
PINNACHIKUPPAM BAHOUR COMMUNE
PONDICHERRY ... RESPONDENT in WP No.9095 of 2011
1 THE GOVERNMENTG OF TAMIL NADU
REP BY ITS SECRETARY TO GOVERNMENT HOME
PROHIBITION & EXCISE (TRANSPORT-III)
DEPARTMENT FORT ST. GEORGE CHENNAI - 600
009.
2 TRANSPORT COMMISSIONER
GOVERNMENT OF TAMIL NADU CHENNAI.
3 GOVERNMENT OF PUDUCHERRY
REP BY ITS SECRETARY TO GOVERNMENT TRANSPORT
DEPARTMENT PUDUCHERRY.
... RESPONDENT in WP No.9478 of 2011

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https://hcservices.ecourts.gov.in/hcservices/

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1 THE GOVERNMENT OF TAMILNADU REP.BY ITS SECRETARY TO GOVERNMENT HOME PROHIBITION & EXCISE (TRANSPORT-III)

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DEPARTMENT FORT ST.GEORGE CHENNAI-9.

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2 TRANSPORT COMMISSIONER GOVERNMENT OF TAMILNADU CHENNAI.

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3 GOVERNMENT OF PUDUCHERRY REP.BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT PUDUCHERRY.

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... RESPONDENT in WP No.9660 of 2011

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Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari,

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WP No.26278 of 2007:

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calling for the records of the 1st respondent in Appeal No.1224/2003 confirming the order of the Second respondent in R.No.E1/577/2003 dated 14.4.2003 rejecting the application for grant of countersignature on the route Pondicherry to Chennai via Marakanam, Mahabalipuram, Kovalam and Adayar and to quash the same.

¶37

WP No.11577 of 2011

¶38

Calling for the records in G.O.Ms.NO.118 Home Department dt.18.2.2011 and quash the same and further direct the respodnents to prepare and publish the Supplemental Reciprocal Agreement by including the petitioner Route Puducherry to Neyveli via, Villianur, Ariyur, Madagadipet, Valavanur, Koliyanur Cross Road, Panruti and Vadalur Koot Road

¶39

WP No.11626 of 2011

¶40

calling for the records in GO MS No.118 Home Department dated 18.2.2011 and quash the same and further direct the respondents to prepare and publish the Supplemental Reciprocal Agreement by including the petitioners route Puducherry to Villupuram (via) Madukarai (2 trips) and Pondicherry to Villupuram (via) Vilianur, Kandamangalam (10trips) and pass such other order or orders as this Honourable Court may deem fit

¶41

WP No.11637 of 2011

¶42

Calling for the proceedings of the first respondent made in G.O.Ms.118 Home Department dated 18.02.2011 and quash the same and direct the respondents to prepare and publish the Supplemental Reciprocal Agreement by including the petitioner Inter State route Puducherry to Villupuram as varied by the Govt. of Puducherry on 09.08.1989 in the said Supplemental Reciprocal Agreement entered into by the Governments of Tamil Nadu and Puducherry under Sec.88 of the Motor Vehicles Act

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https://hcservices.ecourts.gov.in/hcservices/

¶44

WP No.11656 of 2011

¶45

calling for the records in GO Ms No.118 Home Department dated 18.2.2011 and quash the same and further direct the respondents to prepare and publish the supplemental Reciprocal Agreement by including the petitioners varied route Marakanam to Cuddalore via., Puducherry as varied route by the Govt. of Puducherry and pass such other order or orders as this Honourable Court may deem fit

¶46

WP No.11946 of 2011

¶47

Calling for the records of the 1st respondent in G.O.Ms.No.118 Home Department dt.18.02.2011 and quash the samein so far as the petitioner concerned and further direct the respondents to prepare and publish the supplementary reciprocal Agreement by including the petitioners Karaikkal to Trichy Via. T.R. Pattinam, Nagapattinam Tiruvarur, Koradacherry, Needamangalam, Tanjore and Sengipatti by the Government of Puducherry.

¶48

WP No.11947 of 2011

¶49

Calling for the records of the 1st respondent in G.O.Ms.No.118 Home Department dt.18.02.2011 and quash the same in so far as the petitioner concerned and further direct the respondents to prepare and publish the supplementary reciprocal Agreement by including the petitioners Pondicherry to Tindivanam via Kilianur by the Government of Puducherry.

¶50

WP No.11948 of 2011

¶51

Calling for the records of the 1st respondent in G.O.Ms.No.118 Home Department dt.18.02.2011 and quash the samein so far as the petitioner concerned and further direct the respondents to prepare and publish the supplementary reciprocal Agreement by including the petitioners route Gorimedu to Thirvanthipuram via Thavalakuppam Reddichavady and Cuddalore by the Govt. of Puducherry.

¶52

WP No.14647 of 2011

¶53

Calling for the records in G.O.Ms.118 Home Department Dated 18.2.2011 and quash the same, further direct the respondents to prepare and publish the Supplemental Reciprocal Agreement by including the petitioner name and route, Cuddalore to Tindivanam (Via) Pondicherry and Kilianur by the Government of Pondicherry and Tamil Nadu

¶54

WP No.15724 of 2011

¶55

Calling for the records of the 1st Respondent in G.O.Ms.No.118, Home Department, dated 18/2/2011 and to quash the same and further direct the Respondents to prepare and publish the Supplemental Reciprocal Agreement by including the petitioner route, NEDUNGADU to NAGORE

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https://hcservices.ecourts.gov.in/hcservices/

WP No.15725 of 2011

WP No.22117 of 2011

Calling for the records in G.O.Ms.No.118 Home Department dated 18.2.2011 and quash the same and further direct the respondents to prepare and publish the Supplemental Reciprocal Agreement by including the petitioner route Pondicherry to Chennai via. Marakkanam, Mahabalipuram, Kovalam and Adyar by the Govt. of Puducherry

¶61

WP No.22118 of 2011

¶62

Calling for the records in G.O.Ms.No.118 Home Department dated 18.2.2011 and quash the same and further direct the respondents to prepare and publish the Supplemental Reciprocal Agreement by including the petitioner route Pondicherry to Villupuram via. Villianur, Ariyur, Kandamangalam, Valavanur by the Govt. of Puducherry

¶63

WP No.7060 of 2011

¶64

calling for the proceedings of the 1st respondent made in G.O. Ms. 118 Home Department dt 18.2.2011 and quash the same and direct the respondents to prepare and publish the Supplemental Reciprocal Agreement by including the petitioners Inter State route Puducherry to Villupuram as varied by the Govt. of Puducherry on 11.4.1994 in the said Supplemental Reciprocal Agreement entered into by theGovernment of Tamilnadu and Puducherry under sec.88 of the Motor Vehicles Act

¶65

WP No.7343 of 2011

¶66

writ of Mandamus or any other appropriate order or direction be issued to the State Transport Authority, Chennai to consider the grant of concurrence for variation of the route Pinnatchikuppam to Sanjeevi Nagar as Cuddalore to Sanjeevi Nagar along with the grant of permission for levy of single point tax

¶67

WP No.9091 of 2011

¶68

calling for the records of the 2nd respondent made in G.O.Ms.No.118 Home (Transport III) dt 18.2.2011 as published in the Tamilnadu Government Gazette extraordinary in Part II Section 2 dt 18.2.2011 and quash the same and direct the 2nd respondent herein to include the petitioners varied route Pondicherry to Thiruvannanallur via Villianur, Kandamangalam, Madagadipet, Valavanur, Villupuram and Arasur also in the supplementary inter state agreement

¶69

https://hcservices.ecourts.gov.in/hcservices/

¶70

WP No.9092 of 2011

¶71

calling for the records of the 2nd respondent made in G.O.Ms.No.118 Home (Transport III) dt 18.2.2011 as published in the Tamilnadu Government Gazette extraordinary in Part II Section 2 dt 18.2.2011 and quash the same and direct the 2nd respondent herein to include the petitioners varied route Pondicherry to Cuddalore via Reddychavadi and Kannikoil, also in the supplementary inter state agreement

¶72

WP No.9093 of 2011

¶73

calling for the records of the 1st respondent made in G.O.Ms.No.118 Home (Transport III) dt 18.2.2011 as published in the Tamilnadu Government Gazette extraordinary in Part II Section 2 dt 18.2.2011 and quash the same so far as it pertains to the inclusion of the route of the 4th respondent namely Pondicherry to Cuddalore via Reddychavadi found at sl. No. 24 in Annexure II to the Supplementary Reciprocal Agreement

¶74

WP No.9094 of 2011

¶75

calling for the records of the 2nd respondent made in G.O.Ms.No.118 Home (Transport III) dt 18.2.2011 as published in the Tamilnadu Government Gazette extraordinary in Part II Section 2 dt 18.2.2011 and quash the same and direct the 2nd respondent herein to include the petitioners varied route with the following pattern of trips namely Anumanthai to Cuddalore via Reddi chavadi 4 singles, Pondicherry to Cuddalore via Reddi chavadi 4 singles and Pondicherry to Cuddalore via Embalam 4 singles also in the supplementary inter state agreement

¶76

WP No.9095 of 2011

¶77

calling for the records of the 2nd respondent made in G.O.Ms.No.118 Home (Transport III) dt 18.2.2011 as published in the Tamilnadu Government Gazette extraordinary in Part II Section 2 dt 18.2.2011 and quash the same and direct the 2nd respondent herein to include the petitioners varied route Pondicherry to Tindivanam 4 singles and Pondicherry to Sanjeevi Nagar 10 singles also in the supplementary inter state agreement

¶78

WP No.9478 of 2011

¶79

Calling for the records in G.O.Ms.No.118 Home (Transport-III) Department dated 18.2.2011 issued by the 1st Respondent and quash the same and further direct the respondents to prepare and publish the Supplemental Reciprocal Agreement by including the petitioners varied route Puducherry to Chennai via kilianur, Tindivanam, Madurantagam and Chenglepet as varied route by the Govt. of Puducherry.

¶80

WP No.9660 of 2011

¶81

Calling for the records in G.O.Ms.No.118 Home (Transport-III) Department dated 18.02.2011 and quash the same and further

¶82

https://hcservices.ecourts.gov.in/hcservices/

¶83

direct the respondents to prepare and publish the Supplemental Reciprocal Agreement by including the petitioners varied route Puducherry to Chennai via Kilianur, Tindivanam, Madurantagam and Chenglepet as varied route by the Govt.of Puducherry.

¶84

Writ Petition Nos. For Petitioner For Respondents
W.P. No.26278 of Ms.Radhagopalan R1- Court,
2007 Mr.R.P.Pratap Singh,
Government Advocate for
R2
W.P. No.11577 of Mr.M.Krishnappan Mr.R.P.Pratap Singh
2011 Senior Counsel Government Advocate
W.P. No.11626 of assisted by for R1 & R2
2011 Ms.R.Swarnalatha Mr.A.V.Ramalingam
W.P. No.11656 of for Mr.M.Dinesh Additional Government
2011 Pleader for R3
W.P. No.11637 of Mr.Jenasenan Mr.R.P.Pratap Singh
2011 Government Advocate
for R1 & R2
Mr.A.V.Ramalingam
Additional Government
Pleader for R3
W.P. No.7060 of Mr.Jenasenan Mr.R.P.Pratap Singh
2011 Government Advocate
for R1 & R2
Mr.A.V.Ramalingam
Additional Government
Pleader for R3
Ms.Radhagopalan for R4 &
R5
W.P. No.11946 to Mr.M.Dinesh Mr.R.P.Pratap Singh
11948, 22117 & Government Advocate
22118 9478 & 9660 for R1 & R2
of 2011 Mr.A.V.Ramalingam
Additional Government
Pleader for R3
W.P. No.14647 of P.Vedavalle Mr.R.P.Pratap Singh
2011 Government Advocate
for R1 & R2
Mr.A.V.Ramalingam
Additional Government
Pleader for R3

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¶86

Writ Petition Nos. For Petitioner For Respondents
W.P. Nos.15724 & 15725, 7343 of 2011 Mr.K.Hariharan Mr.R.P.Pratap Singh Government Advocate for R1 Mr.A.V.Ramalingam Additional Government Pleader for R2
W.P. Nos.9091 & 9092 of 2011 M.Pazhani Mr.A.V.Ramalingam Additional Government Pleader for R1 & R3 Mr.R.P.Pratap Singh Government Advocate for R2 & R4
W.P. No.9094 & 9095 of 2011 M.Pazhani Mr.A.V.Ramalingam Additional Government Pleader for R1 & R3 Mr.R.P.Pratap Singh Government Advocate for R2 & R4 Ms.Radhagopalan for R5 C O M M O N O R D E R

¶87

This batch of writ petitions challenges a Government Order in G.O.Ms.118 Home (Tr-III) Department dated 18.02.2011 (Government Order/Order) whereunder a reciprocal agreement has been entered into inter se the Governments of Tamil Nadu and Puducherry.

¶88

The historical background to the impugned Government Order commences with a Supplemental Agreement entered into inter se the Governments of Tamil Nadu and Puducherry in terms of Section 88 of the Motor Vehicles Act, 1988 (in short 'Act') relating to the operation of stage carriage services by the State Transport Undertaking (STU) and Private Operators, of interstate routes countersigned by Goods Carriage Permits.

¶89

Various agreements have been executed thereafter from time to time, admittedly to control and regulate the plying of the stage carriage services taking into account the viability of the routes to be included as well as to enhance the quota of the permits, in order to service the demand adequately.

¶90

Accordingly, Appendix I Part A of the Government Order sets out the original routes as per the 1985 agreement as well as the variations under the subsequent Supplemental Agreements. Appendix II, Part A details the operators entrusted with the number of shuttles.

¶91

https://hcservices.ecourts.gov.in/hcservices/

¶92

The Writ petitioners challenge the Government Order primarily on the ground that their request for variation of the route has been heard by one Officer whereas the Order has, itself, been passed by a different Officer. Thus, according to them, their objections have not been taken into account while passing the impugned Order resulting in gross violation of the principles of natural justice.

¶93

The counter affidavit filed by the Governments of Tamil Nadu and Puducherry, justifies, the selection of the operator, the procedure adopted as well as the reasons for rejection of variation sought for by the petitioners. I believe that it would be neither appropriate nor necessary to go into the factual particulars put forth at this juncture, seeing as the present agreement has been in force from 2011 till date and there would be no justification to disturb such a long standing arrangement at this distance of time.

¶94

Learned senior counsel and all learned counsel appearing for the petitioners, in fact, and in all fairness agree that a quashing of the Government Order at this distance of time may hardly be the appropriate remedy. What they seek is that their objections be considered at the next and earliest appropriate juncture as and when the next interstate agreement is entered into by the State of Tamil Nadu. This point is well noted.

¶95

I have had occasion to consider a similar matter arising in the context of an interstate agreement between the States of Tamil Nadu and Karnataka in W.P.Nos.14371 & 7122 to 7131 of 2008, wherein the Government Order in issue in that matter was challenged and subsequently upheld by the Supreme Court.

¶96

Thus, while dismissing these Writ Petitions, liberty is granted to the petitioners to seek consideration for issuance of stage transport carriage permits or any other permit as permitted by law in any other subsequent interstate agreement that may be conceived or entered into by and between State Governments. It should specifically be ensured that the objections of the respective operators be taken into account and dealt with in a transparent and satisfactory manner, so as to ensure that there is no violation of principles of natural justice. Connected miscellaneous petitions are closed. No costs.

¶97

Assistant Registrar (CS-III)

¶98

//True Copy//

¶99

Sub Assistant Registrar

¶100

rkp/ska

¶101

https://hcservices.ecourts.gov.in/hcservices/

¶102

¶103

1.STATE TRANSPORT APPELLATE TRIBUNAL, CHENNAI - 600 104.

¶104

2.STATE TRANSPORT AUTHORITY, CHENNAI - 600 005.

¶105

3.THE GOVERNMENT OF TAMILNADU, REB BY ITS SECRETARY TO GOVERNMENT, HOME PROHIBITION OF EXCISE (TRANSPORT III), DEPARTMENT, PUDUCHERRY.

¶106

4.THE TRANSPORT COMMISSIONER, GOVERNMENT OF TAMILNADU, CHENNAI 5.

¶107

5.THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT OF PUDUCHERRY.

¶108

6.THE COMMISSIONER, CORPORATION OF CHENNAI, RIPON BUILDING, CHENNAI 600 003.

¶109

7.THE STATE TRANSPORT AUTHORITY, PUDUCHERRY.

¶110

+3cc to Mr.M.Palani, Advocate, S.R.No. 99151, 99152, 101542 +3cc to Mrs.S.Radha Gopalan, Advocate, S.R.No. 98862 +1cc to Mr.N.A.Nisar Ahmed, Advocate, S.R.No. 98571 +1cc to Mr.A.Jenesanan, Advocate, S.R.No. 98750 +1cc to Mr.K.Hariharan, Advocate, S.R.No.99755 +1cc to Mr.T.Padmanabhan, Advocate, S.R.No. 99588 +10cc to Mr.M.Dinesh, Advocate, S.R.No. 99673 +1cc to the Government Pleader, S.R.No.99424 +1cc to the Government Pleader for Puducherry, S.R.No. 101106

¶111

W.P. Nos.26278 of 2007 & 11577, 11626, 11637, 11656, 11946 to 11948, 14647, 15724, 15725, 22117, 22118, 7060, 7343, 9091 to 9095, 9478, 9660 of 2011

¶112

EV(CO) GN(30/01/2020)

¶113

https://hcservices.ecourts.gov.in/hcservices/

B.Ramalingam v. State Transport Appellate

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B.Ramalingam v. State Transport Appellate

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