S.Venkatachalapathy v. The Assistant License
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2019
CORAM:
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.3900 of 2019 S.Venkatachalapathy
...Petitioner
.Vs.
1. The Assistant License Issuing Authority, Regional Transport Office, Tiruppur (South), Tiruppur District.
2. The Regional Transport Officer, Tiruppur (South), Tiruppur, Tiruppur District.
3. The Inspector of Police, Rural Police Station, Tiruppur City, Tiruppur.
4. The Commissioner, Transport Department, Ezhilagam, Chepauk, Chennai.
...Respondents
(R-4 suo motu impleaded vide order dated 11.02.2019 made in W.P.No.3900 of 2019) Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, to direct the second respondent to return the petitioner's original conductor license bearing No.12809/A3/2005-Renewal of Conductor License in CL.No.TN33TTN33T20050000012 to the petitioner forthwith. For Petitioner : Mr.C.Prakasam For Respondents: Mr.V.Shanmugasundar Special Government Pleader
O R D E R
The prayer in the Writ Petition is for issuance of Writ of Mandamus, to direct the second respondent to return the original conductor license bearing No.12809/A3/2005-Renewal of Conductor License in CL.No.TN33T-TN33T20050000012 to the petitioner forthwith.
2. The learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the decision of this Court in W.P.No.5009 of 2019 & etc., batch, dated 05.03.2019 and this was also fairly acceded by the learned Special Government Pleader. Hence, the order passed in W.P.No.5009 of 2019 and etc. batch, dated 05.03.2019 will hold good for the present Writ Petition also.
3. Accordingly, this Writ Petition is disposed of with the following directions:- (i) The petitioner is permitted to make an application to the Regional Transport Officer concerned, within a period of one week from the date of receipt of a copy of this order; (ii) If any application is received, the Regional Transport Officer concerned shall consider such application and pass appropriate orders for issuing temporary acknowledgment as per Section 206(3) of the Motor Vehicles Act within a period of one week thereafter;
(iii) It is made clear that such application will be considered only on receipt of the original conductor license from the concerned Station House Officer.
No costs.
r n s Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Assistant License Issuing Authority, Regional Transport Office, Tiruppur (South), Tiruppur District.
2.The Regional Transport Officer, Tiruppur (South), Tiruppur, Tiruppur District.
3.The Inspector of Police, Rural Police Station, Tiruppur City, Tiruppur.
4. The Commissioner, Transport Department, Ezhilagam, Chepauk, Chennai.
+1cc to the Govt.Pleader,Vide SR.No.20939/19 W.P.No.3900 of 2019 Kak(21/03/2019)