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Madras High CourtWP/3759/2018disposed of

Mrk Polytechnic College v. The Regional Transport Officer

2018-02-28Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.Nos.3759 & 3760 of 2018 MRK Polytechnic College Rep. by the Chairman Nattar Mangalam, Kattumannarkoil Cuddalore District - 608 301.

... Petitioner (in WP.No.3759 of 2018) MRK Institute of Technology Rep. by the Chairman Nattar Mangalam, Kattumannarkoil Cuddalore District - 608 301.

... Petitioner (in WP.No.3760 of 2018) versus 1.

The Regional Transport Officer Chidambaram.

2.

Secretary STA cum Joint Transport Commissioner (R) Ezhilagam, Chennai-600 005.

...Respondents

(in WP.Nos.3759 & 3760 of 2018) Writ Petition No.3759 of 2018 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to implement the common judgment of the State Transport Appellate Tribunal, Chennai dated 30.11.2017 made in M.V.Appeal No.84/2017 and 85/2017 granting the application of the petitioner dated 05.10.2016 for grant of extension of validity of permit in respect of the vehicles of the petitioner Educational Institution buses bearing Registration Nos.TN55/F7272 and TN-51/T-5353 for the neighbouring districts viz., Thanjavur and Ariyalur.

Writ Petition No.3760 of 2018 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to implement the common judgment of the State Transport Appellate Tribunal, Chennai dated 30.11.2017 made in M.V.Appeal No.84/2017 and 85/2017 granting the application of the petitioner dated 05.10.2016 for grant of extension of validity of permit in respect of the vehicles of the petitioner Educational Institution buses bearing Registration Nos.TN-31/AW-

1836, TN-51/R-7677 and TN-23/AQ-6789 for the neighbouring districts viz., Thanjavur and Ariyalur.

For Petitioner : Mr.S.Radha Gopalan (in WP.Nos.3759 & 3760 of 2018) For Respondents: Mr.R.Govindasamy Special Government Pleader (in WP.Nos.3759 & 3760 of 2018) C O M M O N O R D E R Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties these main writ petitions are taken up for final disposal at the admission stage itself.

2. The petitioners seek for a direction to the second respondent to implement the common judgment of the State Transport Appellate Tribunal, Chennai dated 30.11.2017 made in M.V.Appeal No.84/2017 and 85/2017, granting the application of the petitioners dated 05.10.2016 for grant of extension of validity of permit in respect of the vehicles of the petitioner Educational Institution buses bearing Registration Nos.TN55/F7272, TN-51/T-5353, TN-31/AW-1836, TN-51/R-7677 and TN-23/AQ6789 for the neighbouring districts viz., Thanjavur and Ariyalur.

3. The grievance of the petitioners is that even though the State Transport Appellate Tribunal allowed the appeal filed by the petitioners on 30.11.2017 and directed the Principal Secretary, Transport Commissioner to consider the applications of the petitioners afresh and grant endorsement of extension of the validity of permit within a period of four weeks from the date of receipt of a copy of that judgment, the second respondent has not passed any order so far, in compliance with the order passed by the Tribunal.

4. When the matter was taken up on 20.02.2018 for admission, the learned Special Government Pleader sought time to get instructions, as to whether the order passed by the State Transport Appellate Tribunal has become final or not.

5. Accordingly, the matter is listed today for further hearing. Today, the learned Special Government Pleader, based on instructions, submitted that no appeal is filed against the said order of the Tribunal and therefore, the second respondent will implement the order, without loss of further time. Accordingly, these writ petitions are disposed of, only with a direction to the second respondent to implement the order passed

by the State Transport Appellate Tribunal dated 30.11.2017 in M.V.Appeal No.84/2017 and 85/2017, within a period of two weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar mk To 1.

The Regional Transport Officer Chidambaram.

2.

Secretary STA cum Joint Transport Commissioner (R) Ezhilagam, Chennai-600 005.

+2cc to Mr.S.Radhagopalan, Advocate SR.No.15182 W.P.Nos.3759 & 3760 of 2018 GN(01/03/2018)