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2025 DAILYLAW 85126 (MAD)

N.RAVIKUMAR v. THE REGIONAL TRANSPORT AUTHORITY

WP/32537/2025 · 2025-09-01

V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

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Writ Petition No.32537 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.09.2025 CORAM THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition No.32537 of 2025 N.Ravikumar, S/o.Nagarajan ...Petitioner Vs. 1. The Regional Transport Authority, Tiruvarur. 2. The Regional Transport Authority, Nagapattinam. 3. The Regional Transport Officer, Tiuvarur. 4. The Regional Transport Officer, Nagapattinam. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 3 to implement the order granting variation in favour of the petitioner, made in R.No.A2/24190/95, dated 27.2.1996 in accordance with the judgment of this Court made in W.P.No.23854 of 2001 etc., batch dated 07.08.2003. For Petitioner : Mr.M.Palani For Respondents : Mr.M.Shajahan, Additional Government Pleader ORDER 1/4 https://www.mhc.tn.gov.in/judis Writ Petition No.32537 of 2025 The writ petitioner seeks for the following relief: To direct the respondents 1 and 3 to implement the order granting variation in favour of the petitioner, made in R.No.A2/24190/95, dated 27.2.1996 in accordance with the judgment of this Court made in W.P.No.23854 of 2001 etc., batch dated 07.08.2003. 2. The petitioner relies upon an order passed by this Court in W.P.No.23854 of 2001 etc., batch dated 07.08.2003. The petitioner is a stage carriage operator from Nagapattinam to Thanjavur via., Kodavasal, Valangaiman and Papanasam. Pursuant to the bifurcation of Thanjavur district into Nagapattinam and Thiruvarur, the major portion of the permit lies in Tiruvarur District. The permits stood transferred to the file of Regional Transport Authority, Tiruvarur. 3. The petitioner made an application for variation of permit invoking Rule 4 of the Tamil Nadu Motor Vehicles (Special Provisions) Rules. Hearing was conducted on 27.02.1996. In the meantime, there was a change of Government. The then dispensation brought about a new act was titled as the Tamil Nadu Motor Vehicles (Special Provisions) (Cancellation of Variation of Conditions of Permit) Act, 1996. By virtue of this legislation, variations that had been granted between 24.01.1996 to 2/4 https://www.mhc.tn.gov.in/judis Writ Petition No.32537 of 2025 24.05.1996 stood cancelled, including the petitioner who got his variation within the aforementioned dates. Several persons filed writ petitions before this Court, including the petitioner, for a declaration that the aforesaid legislation is null and void and unconstitutional. 4. A Division Bench consisting of Mr.Justice B.Subhashan Reddy, C.J., and Mr.Justice D.Murugesan in the case of R.Srinivasan Vs. State of Tamil Nadu rep. By Home Department and Anr. reported in (2003) 4 CTC 12 were pleased to allow the writ petitions striking down the legislation. Hence, the obstruction for the variation granted stood removed. The petitioner sent a representation on 25.02.2021, seeking for restoration of the variation granted to him. Despite the lapse of nearly 4 years, nothing has been forthcoming from the respondents. Hence, this writ petition. 5. The learned Additional Government Pleader appearing for the respondents states that orders will be passed by the respondents within a period of eight weeks from today. V.LAKSHMINARAYANAN, J mp 6. The statement of the learned Additional Government Pleader is 3/4 https://www.mhc.tn.gov.in/judis Writ Petition No.32537 of 2025 taken on record as an undertaking given by the respondents to this Court. The respondents shall pass an order on or before 24.10.2025. 7. Call this matter on 25.10.2025 for reporting compliance. Accordingly, this writ petition is disposed of. No costs. 01.09.2025 mp To 1. The Regional Transport Authority, Tiruvarur. 2. The Regional Transport Authority, Nagapattinam. 3. The Regional Transport Officer, Tiuvarur. 4. The Regional Transport Officer, Nagapattinam. W.P. No.32537 of 2025 4/4 https://www.mhc.tn.gov.in/judis