Madras High CourtWP/10520/2017disposed of

B.Jayapalan, Proprietor v. The State Of Tamil Nadu

2017-04-25Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.10520 of 2017 and WMP Nos.11429 & 11430 of 2017 B.Jayapalan Proprietor Sri Bhuvaneswari Driving School No.1/163, Elumichanahalli, Palacode Taluk Dharmapuri District.

..Petitioner Vs.

1.The State of Tamil Nadu Rep. By its Principal Secretary Home (Transport) Department Fort St. George, Chennai-9.

2.The Commissioner of Transport Chepauk, Chennai-5.

..Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of the order of the 1st respondent, dated 05.08.2010 in G.O.Ms. No.697, Home (Transport-5) Department and Consequential order of the 2nd respondent, dated 17.06.2015 in R.No.22370/H1/2008 and quash the same, only in so far as it relates to the petitioner is concerned.

For Petitioner : Mr.K.Hariharan For Respondents : Mr.Akhil Akbar Ali, Government Advocate.

O R D E R

The petitioner is running a driving school. He is aggrieved by the order issued by the first respondent in G.O.Ms.No.697, Home (Transport-5) Department dated 05.08.2010 and consequential order of the second respondent dated 17.06.2015. The issue involved in this case pertains to conducting of the training programmes to the driving schools, which is restricted by the impugned Government Order only to the Government Institutions, not to the Private Institutions.

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2. Both sides submitted that the said issue was considered by this Court in similar writ petition and an order was passed directing the petitioner therein to give a representation to the respondents and consequently directing the respondents to pass orders on such representation. One such order passed in WP.No.38850 of 2016 dated 08.11.2016 is placed before this Court. It is further seen from the said order that an order of status quo was also granted in favour of the petitioner therein, till the disposal of the representation, to be filed by the petitioner therein. Both sides agreed that the same order can be passed in this matter also.

3. Accordingly, this writ petition is disposed of, by granting liberty to the petitioner to give a representation to the respondents within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondents shall consider the same and pass orders within a period of four weeks thereafter. Till an order is passed in the said representation, the respondents shall maintain status quo as on today. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mk To 1.The Principal Secretary Home (Transport) Department, State of Tamil Nadu Fort St. George, Chennai-9.

2.The Commissioner of Transport Chepauk, Chennai-5.

+ 1 cc to MR.K. Hariharan, Advocate Sr.24900 W.P.No.10520 of 2017 SV(CO) EU 3.5.17 https://hcservices.ecourts.gov.in/hcservices/