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Madras High CourtWP/1442/2019disposed of

S.R.Transport v. The State Transport Authority/

2019-01-25Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2019

CORAM

THE HONOURABLE MR. JUSTICE V. BHARATHIDASAN W.P.No.1442 of 2019 WMP. No.1593 of 2019 S.R. Transport Represented by its Proprietor Mrs. S. Charumathy

...Petitioner

-Vs1. The State Transport Authority / Transport Commissioner Tamilnadu Government Transport Department, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Regional Transport Authority (RTO) Chidambaram Bye Pass Road, B. Mutlur, Chidambaram, Cuddalore District.

3. The Registering Authority, Ulundur Pettai Main Road, Periyavadavadi, Virudhachalam.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 2nd and 3rd respondents to register the petitioner's three nos of TATA SIGNA vehicles by granting Permanent National Permit (Heavy Goods Vehicles) as per the offer memo Nos.TN/544/NP/OL/2018/98, TN/544/NP/OL/2018/99 and TN/544/NP/OL/2018/100 dated 31.12.2018 issued by the 2nd respondent.

For Petitioner : Mr.A. Kalaivanan For Respondents-1 to 3 : Mr.R. Govindasamy (Spl. Govt. Pleader) ********

O R D E R

This writ petition has been filed seeking direction to the second and the third respondent to register the petitioner's vehicles of TATA SIGNA-3 Nos. by granting Permanent National Permit (Heavy Goods Vehicles) as per the offer memo Nos.TN/544/NP/OL/2018/98, TN/544/NP/OL/2018/99 TN/544/NP/OL/2018/100 dated 31.12.2018 issued by the 2nd respondent.

2.The grievance of the petitioner is that, the petitioner purchased the above mentioned vehicles for transport of LPG and also submitted the application on 31.12.2018, before the second respondent and the third respondent for registration of these vehicles. The third respondent has also issued offer memo dated 31.12.2018, informing to the petitioner that they have taken decision to grant permanent national permit for 5 years. So far, no action has been taken in this regard and the vehicles were not registered by the second and third respondent. 3.Earlier, notice was ordered to the respondents. Today, when the matter came up for hearing, Mr.R. Govindasamy, the learned special Government pleader appearing for the respondents would submit that since vehicle sought to be registered a new type of vehicle, which has to be approved by the First respondent/Transport Commissioner. Now, the application is pending before the first respondent/the transport Commissioner and the transport commissioner has also inspected the vehicles will pass suitable orders in this regard.

4. Considering the above said submissions, the first respondent-Transport Commissioner, as the petitioner's application is pending before him, is directed to consider the petitioner's application and pass suitable orders on merit on or before 31.01.2019.

5. Accordingly, the writ petition stands disposed of with the above direction. There shall be no order as to costs. Consequently, connected WMP is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lbm

To:

1. The State Transport Authority / Transport Commissioner Tamilnadu Government Transport Department, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Regional Transport Authority (RTO) Chidambaram Bye Pass Road, B. Mutlur, Chidambaram, Cuddalore District.

3. The Registering Authority, Ulundur Pettai Main Road, Periyavadavadi, Virudhachalam.

+4 ccs to Mr.A.Kalaivannan, Advocate, S.R.No.6578 +1 cc to Mr.A.Kalaivanan, Advocate, S.R.No.6572 +1 cc to the Government Pleader, S.R.No.6532 W.P.No.1442 of 2019 WMP. No.1593 of 2019 RR(CO) SSM(29/01/2019)