S.M.Govindasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.7091 of 2017 S.M.Govindasamy, Secretary, People Health and Development Council, No.22, East Street, Sottayampalayam, R.N.Puthur (Post), Erode - 638 005.

... Petitioner Vs.

1.The District Collector, Perunthurai Road, Erode 638 011.

2.Regional Transport Officer, Erode East, Kollukattu Medu, Lakkapuram post, Erode 638 002.

3.Regional Transport Officer, Erode West, Periyasemur, Erode - 638 004.

4.The Deputy Superintendent of Police, Traffic Department, Erode 638 001.

5.A.Ranjit ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 1 to 4, to take appropriate action on the petitioner's representation dated 23.09.2016 and to take action against 5th respondent errant motor vehicle operator herein under the Motor vehicles Act, 1988.

For Petitioner: Mrs.D.Geetha.

For R1 to R4 :Mr..M.Elumalai, Government Advocate R5 : Notice Dispensed with.

O R D E R

Mr.M.Elumalai, learned Government Advocate, takes Notice for respondents 1 to 4. Since this writ petition is being disposed of without adversely affecting the interest of the fifth respondent, notice to the said respondent is dispensed with. By consent of all the parties, namely, the petitioner and the respondents 1 to 4, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed seeking for a Mandamus, directing the respondents 1 to 4, to take appropriate action on the petitioner's representation dated 23.09.2016, wherein and whereby, the petitioner complained that the fifth respondent is not plying the mini bus in accordance with permit granted by the authorities.

3. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the concerned authorities namely, the second respondent to consider and decide. Therefore, this writ petition is disposed of, only with a direction to the second respondent to consider the petitioner's representation dated 23.09.2016 and pass orders on merits and in accordance with law, after hearing the petitioner as well as the fifth respondent. Such exercise shall be done by the second respondent within a period of six weeks from the date of receipt of copy of this order. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mk To 1.The District Collector, Perunthurai Road, Erode 638 011.

2.Regional Transport Officer, Erode East, Kollukattu Medu, Lakkapuram post, Erode 638 002.

3.Regional Transport Officer, Erode West, Periyasemur, Erode - 638 004.

4.The Deputy Superintendent of Police, Traffic Department, Erode 638 001.

+1cc to Mr.D.Geetha, Advocate Sr.18121 +1cc to the Government Pleader Sr.18671 W.P.No.7091 of 2017 sk[co] srg 4/4/2017