K.S.R.College Engineering v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:04.04.2017

CORAM

THE HONOURABLE MR.JUSTICE RAVICHANDRABAABU W.P.No.7805 of 2017 K.S.R College of Engineering, Rep. By its Correspondent R.Srinivasan, Thokkavadi Post, Tiruchengode, Namakkal District ... Petitioner vs.

1. The Secretary, Regional Transport Authority, Tiruchengode, Namakkal District.

2. The Transport Commissioner, Chepauk, Chennai5.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent herein to entertain the petitioners returned application dated Nil.10.2016 and pas orders for the grant of extension of validity of permit to ply the petitioners bus TN34/P-0864 in Erode district in terms of Rules 153 & 155 of Tamil Nadu Motor Vehicle Rules 1989 forthwith.

For Petitioner : Mr. K.Hariharan.

For Respondents : Mr.M. Elumalai, Government Advocate.

O R D E R

This writ petition is filed seeking for a Mandamus directing the 2nd respondent herein to entertain the petitioners returned application dated Nil.10.2016 and pas orders for the grant of extension of validity of permit to ply the petitioners bus TN-34/P-0864 in Erode district in terms of Rules 153 & 155 of Tamil Nadu Motor Vehicle Rules 1989 forthwith.

2. Mr.M.Elumalai, learned Government Advocate takes notice for the respondents.

3. Heard Mr.K.Hariharan learned counsel for the petitioner and Mr.M.Elumalai, learned Government Advocate appearing for the respondents.

4. The petitioner is an Educational Institution. Permit was issued to the petitioner to ply the subject matter bus in Namakkal District and the extension permit was granted to ply the same in Karur District as well. The petitioner made an application dated Nil in the month of October 2016 seeking for further extension of the permit to ply the vehicle in Erode District as well since some of the students are coming to the College from the said District also. The request of the petitioner was taken into consideration by the 2nd respondent and an order was passed on 20.12.2016 directing the petitioner to obtain temporary permit under Section 87(1) of the Motor Vehicles Act, 1988, wherever need arises and thereby, returning the permit along with the application filed by the petitioner seeking for second extension of permit to Erode District. The 2nd respondent has also stated some reason for not considering the request of second extension.

5. Though the learned counsel for the petitioner submits that such reason is not sustainable, the fact remains that the present writ petition is filed only for mandamus without challenging the said order dated 20.12.2016. Therefore, I am of the view that the petitioner has to only challenge the said order dated 20.12.2016 passed by the 2nd respondent before the appropriate appellate authority in the manner known to law. Without doing so, the present writ petition, with the relief as stated supra, cannot be maintained. Therefore, this writ petition is disposed of with liberty to the petitioner to challenge the said order dated 20.12.2016 before the appropriate Appellate Authority within a period of two weeks from the date of receipt of a copy of this order. If any such appeal is filed, it is open to the said authority to consider the same on its own merits and in accordance with law and pass appropriate orders without loss of further time. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vsi

TO

1. The Secretary, Regional Transport Authority, Tiruchengode, Namakkal District.

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

+ 1 cc to M/s. K. Hariharan, Advocate Sr.19956 W.P.No.7805 of 2017 NR(CO) Eu 19.4.17