J.Jumma Jami v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2025
CORAM
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD J.Jumma Jami ... Petitioner vs.
1. The Commissioner, State Transport Authority, Anna Salai, Guindy, Chennai.
2. The Joint Transport Commissioner ( Rules) Commissioner of Transport and Road safety, Chepauk, Chennai.
3. The Regional Transport Officer, Tambaram, Chengalpet District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to issue contract carriage permit for the petitioner two Omni buses to run in India by considering the petitioner's application dated 15.07.2024. For Petitioner : M/s.R.Reshma Page No.1 of 6
For Respondents : M/s.R.L.Karthika Govt.Advocate
ORDER
By consent, the Writ Petition is taken up and disposed of at the admission stage itself.
2. The present writ petition has been filed to issue a writ of mandamus directing the first respondent to issue contract carriage permit for the petitioner two Omni buses to run in India by considering the petitioner's application dated 15.07.2024.
3. It is the case of the petitioner that she is one of the Directors of Alegria Holidays and Club Limited and it is an travel company and they are servicing the public by providing transport facility on contract. The petitioner's company has purchased two Omini buses from SRMPR auto manufacturing Pvt. Ltd., vide Engine Numbers.RMEZ407385 and RMEZ407198 respectively. After purchasing those vehicles, the Page No.2 of 6
petitioner submitted the application before the Assistant Registering Authority, Poonamallee for temporary registration and the above said buses were temporarily registered on 05.07.2024. After the temporary registration, the petitioner moved the buses for construction of body with SRLPR Auto Manufacturing Pvt.Ltd., and now the body has been constructed and the vehicle is ready to play. Thereafter, the petitioner submitted the application for temporary registration under Rule 82(1) of the Motor Vehicles Rules, seeking to issue permission as contract carriage permit. On such receipt of the same, the respondents 2 and 3 did not issue contract carriage permit so as to enable her to play the vehicle on road. However, the petitioner submitted the application on 15.07.2024, the permit have not been granted till date. Aggrieved by the same, the petitioner has filed the present writ petition before this Court.
4. The learned counsel appearing for the petitioner submitted that she has given a representation dated 15.07.2024 to the first respondent requesting to issue contract carriage permit to the petitioner. However, no orders have been passed by the first respondent till date. Page No.3 of 6
5. The learned Government Advocate appearing for the respondents submitted that the application of the petitioner dated 15.07.2024 will be considered on merits and in accordance with law by the first respondent, within a time stipulated by this Court. He further submitted that no acknowledgment card has been submitted by the petitioner in regard to submission of the above representation.
6. Heard the learned counsel appearing on either side and also perused the materials available on records.
7. In view of the submissions made by the learned counsel on either side, the petitioner is directed to give a fresh representation along with the copy of this order to the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On such receipt of the same, the first respondent is directed to consider the representation of the petitioner, on merits, in accordance with law, and pass appropriate orders , within a period of eight weeks thereof.
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8. This writ petition stands disposed of with the above direction. No costs.
10.02.2025 Index : Yes/No.
Internet : Yes/No.
Speaking : Non-speaking Order kkd To
1. The Commissioner, State Transport Authority, Anna Salai, Guindy, Chennai.
2. The Joint Transport Commissioner ( Rules) Commissioner of Transport and Road safety, Chepauk, Chennai.
3. The Regional Transport Officer, Tambaram, Chengalpet District.
Page No.5 of 6
J.SATHYA NARAYANA PRASAD, J.
kkd 10.02.2025 Page No.6 of 6