J.Sundararajan vs. The General Manager

Facts

The petitioner, J. Sundararajan, filed a writ petition seeking a mandamus directing the Tamil Nadu State Transport Corporation (TNSTC) to regulate bus services to ply through the Madurai-Thirupparankundram Road Over Bridge (ROB) via Thirupparankundram Town. The petitioner argued that since the ROB opened in 2013, buses, particularly city buses, continue to use the bypass road underneath the bridge, which is part of NH-7 and used by high-speed vehicles. This diversion forces passengers to alight at unofficial stops near the railway line, leading to frequent fatal accidents. The petitioner had made representations to TNSTC, which responded that buses operate on assigned routes and stop only at approved locations. The petitioner contended that the bypass diversion was temporary and that the ROB is wide enough for buses.

Held

The Court held that it cannot issue a Writ of Mandamus to direct the transport corporation to regulate bus services in a specific manner, as this falls under the discretion of the public authority. The Court noted that the transport corporation's counter-affidavit indicated that buses 5, 14, 22, and 52 were already operating via the ROB on their original routes, while bus route 48 series continued to use the bypass road. The Court accepted the respondents' plea that operating a large number of services (1734 singles) inside Thirupparankundram Town would not be in the public interest due to potential traffic blocks and increased travel time. The Court also considered that during festivals, services are diverted via the bypass. Therefore, in the absence of a violation of statutory provisions or infringement of fundamental rights, the Court could not grant the relief sought. However, in the interest of justice and on equitable consideration, the Court directed the 1st Respondent (TNSTC) to furnish a suitable reply explaining its stand on the petitioner's representation dated 05.07.2017 within four weeks.

Key Issues

1. Whether the Court can issue a Writ of Mandamus directing the Respondent Nos. 1 and 2 to regulate bus services to ply through the Madurai – Thirupparankundram Road Over Bridge via Thirupparankundram Town, considering the petitioner's grievance of accidents due to buses using the bypass road. Petitioner's Arguments: - The diversion of buses through the bypass road is a temporary measure that has continued beyond the expected 18-month period for ROB construction. - The bypass road is unsafe, leading to accidents and fatalities as passengers are forced to cross railway lines. - The ROB and connecting roads are sufficiently wide to accommodate bus traffic through Thirupparankundram Town. - The current bus route operations are causing hardship and loss of connectivity for residents. Respondents' Arguments: - Sufficient services (521 singles) are already operated via the Railway Over Bridge, and operating all other services (1734 singles) inside Thirupparankundram Town would not be in the public interest and would cause traffic blocks. - During festivals and special occasions, existing services inside the town are diverted via the bypass road. - The Court cannot direct public authorities to exercise their discretion in a specific manner or substitute its own order for that of the authority.