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Madras High CourtWP/344/2019dismissed

Infant Jesus Matriculation School v. Regional Transport Officer

2019-07-01Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2019

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.344 of 2019 and W.M.P.Nos.345 & 346 of 2019 Infant Jesus Matriculation School Rep.by its Correspondent T.Dhakshinamoorthy No.253, Redhills Road, Kallikuppam, Chennai-600 053.

... Petitioner

Versus

1.Regional Transport Officer, Regional Transport Office Ambattur, Ambattur-600 053.

2.S.Shanmuganathan, S/o.Mr.K.Sundaramurthy, F-1, Rose Garden Apartments, No.4, New Street, Kallikuppam, Ambattur, Chennai-600 053.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the memo No.C3/31336/2018 dated 19.12.2018 issued by the 1st respondent herein and quash the same as illegal, arbitrary and against principles of natural justice.

For Petitioner : Mr.T.Mohan for M/s.N.Ganesh For R1 : Mr.N.Inbanathan Additional Government Pleader For R2 : Mr.T.Arivarasan

O R D E R

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

2. Without affording opportunity, the Regional Transport Officer has directed the petitioner's school to surrender all the vehicles based on the complaint given by one Shanmugam. On the face of it, the impugned order passed by the first respondent is illegal, arbitrary and against principles of natural justice and hence the impugned order passed by the RTO dated 19.12.2018 is quashed.

3. The respondent is at liberty to cause fresh notice and pass order after affording opportunity to the petitioner.

4. In the result, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition are closed.

s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar rpl To 1.Regional Transport Officer, Regional Transport Office Ambattur, Ambattur-600 053.

+1 CC to M/s.N.Ganesh, Advocate sr 54852.

+1 CC to Govt. Pleader sr 54939.

W.P.No.344 of 2019 and W.M.P.Nos.345 & 346 of 2019 SP(10/07/2019) https://hcservices.ecourts.gov.in/hcservices/