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Madras High CourtWP/2304/2025disposed of

B Narayanamoorthy v. Regional Transport Officer

2025-01-27Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.2304 of 2025 B.Narayanamoorthy ... Petitioner Vs.

Regional Transport Officer Tambaram, Chennai-45.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to consider the petitioner representation dated 05.7.2024 by accepting ULW tax for the petitioner idle bus TN-22/CV-2844 as per the circular number 44/2020 dated 21.10.2020 of the Transport Commissioner Chennai and issue NOC as applied for, forthwith.

For Petitioner : Mr.K.Hariharan For Respondent : Mr.P.Balathandayutham Special Government Pleader 1/5

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondent herein to consider the petitioner's representation dated 05.07.2024 by accepting ULW tax for the petitioner idle bus TN-22/CV-2844 as per the circular number 44/2020 dated 21.10.2020 of the Transport Commissioner Chennai and issue NOC as applied for, forthwith.

3. At the outset, Mr.P.Balathandayutham, learned Special Government Pleader appearing for the respondent would submit that the petitioner may be directed to submit a fresh representation along with all the relevant documents including the circular number 44/2020 dated 21.10.2020 of the Transport Commissioner Chennai and the same would be considered by the respondent and orders passed within a period of 6 weeks from the date of receipt of a copy of this order.

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4. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, this Court passes the following directions:

(i) The petitioner shall submit a fresh representation along with all the relevant documents including the circular number 44/2020 dated 21.10.2020 of the Transport Commissioner Chennai, within a period of two weeks from the date of receipt of a copy of this order.

(ii) Upon receipt of such representation filed by the petitioner, the respondent shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of six (6) weeks thereafter. (iii) It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

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5. With the above observations and directions, this writ petition stands disposed of. No costs.

27.01.2025 Speaking (or) Non Speaking Order Index : Yes/ No jd To Regional Transport Officer Tambaram, Chennai-45.

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MOHAMMED SHAFFIQ, J.

jd W.P. No.2304 of 2025 27.01.2025 5/5