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K.A.G.TRAVELS, REP. BY ITS PARTNER versus THE REGIONAL TRANSPORT AUTHORITY

High Court of Madras

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K.A.G.Travels, rep. by its Partner v. The Regional Transport Authority - W.P.Nos.18260 of 2005 [2005] RD-TN 388 (15 June 2005)



IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15/06/2005

C O R A M

THE HONOURABLE MR.JUSTICE P.D.DINAKARAN W.P.Nos.18260 of 2005

and W.P.Nos.18265, 18818, 18313 to 18317, 18793, 18803, 18289 to 18296 and 18981 of 2005

WP.M.P.Nos.19805 to 19816, 20367,19883 to 19892, 20355, 20365, 19844 to 19859 and 20531 of 2005

W.P.No.18260 of 2005

K.A.G.Travels, rep. by its Partner

Mr.A.Muthurathnasabapathy,

153E, Pankaja Mills Road,

Ramanathapuram, Coimbatore. ... Petitioner. -Vs-

1. The Regional Transport Authority,

Coimbatore.

2. The Regional Transport Officer,

Tirupur.

3. The Managing Director,

Tamil Nadu State Transport Corporation,

Coimbatore, Coimbatore Dist.

4. M/s.Thangamalar Transports,

No.165, Trichy Road, Sulur,

Coimbatore. ... Respondents. W.P. filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorari as stated therein. Mr.S.S.Annamalai ... for Petr. In WP18981/2005 Mr.R.Natesan ... for petr. In WP18793/2005 Mr.N.Elumalai ... for petr. In WP18803/2005 Mr.N.Gopalakrishnan ... for petr. In WP18818/2005 Mr.S.Govindaramanan ... for petr. In WP18260 to 18265/2005 18289, 18296 and 18313 to 18317 of 2005.

Mr.P.Chandrasekaran, AGP for respondents in all petns. :ORDER



The grievance of the petitioners in most of the cases, viz., W.P. Nos.18260 to 18265 of 2005, W.P.Nos.18289 to 18296 of 2005 and W.P.Nos.1 8313 to 18317 of 2005 is that the timing conference was conducted in the manner prejudicial to the interest of the petitioners as well as the general public and hence, the timing conference notice should be quashed. In some cases, viz., W.P.Nos.18793, 1 8803, 18818 and 18981 of 2005, the petitioners seek to restrain the authorities from conducting the timing conference.

2. Mr.P.Chandrasekaran, learned Additional Government Pleader takes notice for the Transport Authorities in all petitions.

3. Learned Additional Government Pleader, on instructions from the Government, submits that the Transport Authorities will give two weeks' clear notice for timing conference. The submission of learned Additional Government Pleader is placed on record.

4. Even though the Rule 248 of the Motor Vehicles Rules contemplates a notice only to the Association, the Transport Authorities shall also be directed to give individual notice to all the Operators concerned, the expenses of which shall be borne by the applicants concerned, so that the interest of individual operators who are directly interested in the timing conference shall be protected.

4. The Transport Authorities are directed to issue time conference notice as well as individual notice afresh in respect of the routes concerned in all the writ petitions including the ones where the timing conference has already been done, in the manner as directed supra and convene the timing conference and pass orders in accordance with law.

5. With the above directions, the writ petitions are disposed of. No costs. Connected WP.M.Ps. are closed.

Index: Yes

Website: Yes

na.

To

All Regional Transport Authorities

concerned.




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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