M. Sundaram, Prop: Sundaram Motors, Avinashi Road, Coimbatore vs Cheran Transport Corpn. Ltd., Coimbatore

Venkataswami, J.—This civil revision petition is filed against the order of the State Transport Appellate Tribunal in Appeal No. 207 or 1983 dated 27-9-1984. The petitioner applied for variation of the conditions of permit involving (1) curtailment of the sector between Coimbatore Railway Station and Gandhipuram (via) Uppilipalayam; (2) curtailment of sector between Samichettipalayam pirivu and Govanur (via.) Samichettipalayam pirivu and Goundampalayam ; (3) curtailment of two single trips between Gandhipuram and Samichettipalayam pirivu ; (4) deviation of sector from Samichettipalayam pirivu to Karamadai ; and (5) change of night halt from Coimbatore Railway Station to Gandhipuram.

The Regional Transport Authority Coimbatore, after observing all the formalities, allowed the application. Aggrieved by the order of the Regional Transport Authority, the respondent preferred an appeal to the State Transport Appellate Tribunal. The tribunal for the reasons contained in its order dated 27-9-1984, set aside the order of the Regional Transport Authority, and allowed the appeal. Hence the present civil revision petition. Learned counsel for the petitioner submitted that the petitioner is plying the vehicle as per the variation granted by the Regional Transport Authority right from the date of its order dated 17-11-1982 till date, and the travelling public are accustomed to the pattern of service rendered by the petitioner for nearly eight years. Learned counsel for the petitioner placed reliance on a decision of the Supreme Court in M. Chinnaswamy v. M/s. Dhandayuthapani Roadways (P.) Ltd., wherein the Supreme Court has held that if the public are accustomed to a particular pattern of service for a long number of years, it should not be lightly disturbed. Applying the ratio of the Supreme Court to the facts of this case, the civil revision petition is allowed, the order of the State Transport Appellate Tribunal is set aside, and the order of the Regional Transport Authority is restored. No costs.