Two civil revision petitions challenged the Transport Appellate Tribunal's order directing grant of a mini bus permit. In view of the 2nd respondent's undertaking to withdraw her related writ petition and not appeal further, the High Court set aside the Tribunal's judgment and allowed the revision petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.Nos.604 and 748 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2024
C O R A M
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.R.P.Nos.604 and 748 of 2022 and CMP.No.3130 and 3721 of 2022
K.Thirumalaisamy ... Petitioner in CRP.No.604/2022
Tamil Nadu State Transport Corporation (CBE) Ltd., rep.by its Managing Director, Having registered office, No.37, Mettupalayam Salai, Coimbatore 641 043.
... Petitioner in
CRP.No.748/2022
Vs.
1.The Regional Transport Authority, Tiruppur Region-South, Veerapandi Pirivu, Tiruppur-Palladam Road, Tiruppur 641 605.
2.T.Nallammal ... Respondents in both petitions
Common Prayer: Civil Revision Petitions are filed under Article 227 of Constitution of India praying to set aside the judgment dated 15.11.2021
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C.R.P.Nos.604 and 748 of 2022
passed in M.V.Appeal No.20/2020 by the State Transport Appelate Tribunal, Chennai 600 104.
In both C.R.P's:
For Petitioner : Ms.K.Kokilavani in CRP.No.604/2022 For Petitioner : Mr.A.Sundaravadhanan in CRP.No.748/2022 For R-1 : Dr.S.Suriya Additional Government Pleader For R-2 : No appearance
C O M M O N O R D E R
These Civil Revision Petitions have been filed challenging the
judgment passed in M.V.Appeal No.20 of 2020 filed by the 1st respondent
herein.
follows:
2(i) On 05.10.1998, the 2nd respondent viz., Thiru.T.Nallammal
submitted application for grant of mini stage carriage permit to ply on the
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C.R.P.Nos.604 and 748 of 2022
route Ganapathipalayam to Periyandipalayam Pirivu. On 20.01.2000, the application was returned stating that the overlapping distance should be within 4 kms.
2(ii). On 29.08.2000, the 2nd respondent resubmitted the application for grant of mini bus permit for the route Tirupur Old Bus Stand to Kunnan galpalayam Pirivu. In the meantime, the 2nd respondent had approached this Court by filing several writ petitions for grant of mini bus permit. Based on the orders of this Court, the officials had conducted inspections on the said routes and rejected series of applications of the 2nd respondent on the ground that, served sector exceeds norms and there are no vacancies in Tirupur at present for grant of mini bus permit.
2(iii). Challenging the rejection order of the Regional Transport Authority, Tirupur, dated 21.02.2020, the 1st respondent has filed M.V.Ap peal No.20/2020 before the State Transport Appellate Tribunal, Chennai. The said Tribunal vide the impugned Judgment has allowed the said appeal and directed the respondent therein to issue proceedings to the 1st
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C.R.P.Nos.604 and 748 of 2022
respondent for grant of mini bus permit. Aggrieved by the impugned order, the petitioners in CRP.No.602/2022, who being a sector operation running the mini bus on the same route, has filed the said CRP. The State Transport Corporation being aggrieved by the impugned order has filed CRP.No.748/2022.
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C.R.P.Nos.604 and 748 of 2022
under:
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the judgment made in M.V.Appeal No.20/020 on the file of the State Transport Appelate Tribunal, Chennai 600 104, is hereby set aside. These
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C.R.P.Nos.604 and 748 of 2022
J.NISHA BANU,J.
Sk
Civil Revision Petitions are allowed accordingly. No costs. Consequently connected miscellaneous petitions are closed.
05.03.2024
sk
To
C.R.P.Nos.604 and 748 of 2022 and CMP.No.3130 and 3721 of 2022
05.03.2024
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1 issue framed by the court
Whether the Tribunal's direction to grant a mini bus permit should be set aside in view of the 2nd respondent's undertaking bond.
1 provisions across 1 enactments
K.Thirumalaisamy
Tamil Nadu State Transport Corporation (CBE) Ltd., rep.by its Managing Director
The Regional Transport Authority, Tiruppur Region-South
T.Nallammal
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
