S.Thamilselvi v. The Transport Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2015 CORAM :

THE HONOURABLE MR. JUSTICE T. RAJA W.P.NO.10783 to 10793 OF 2015

1. S.Thamilselvi ... Petitioner in W.P.10783 of 2015

2. S.Venkatesan ... Petitioner in W.P.10784 of 2015

3. G.Dhanalaxmi ... Petitioner in W.P.10785 of 2015

4. N.Anandraj ... Petitioner in W.P.10786 of 2015

5. M.Prakash ... Petitioner in W.P.10787 of 2015

6. K.Sakkariyas ... Petitioner in W.P.10788 of 2015

7. K.Anthony ... Petitioner in W.P.10789 of 2015

8. J.Saithanya ... Petitioner in W.P.10790 of 2015

9. K.Mari ... Petitioner in W.P.10791 of 2015 10.V.Ashok ... Petitioner in W.P.10792 of 2015 11.S.Theerthumalai ... Petitioner in W.P.10793 of 2015 Vs.

1. The Transport Commissioner, State Transport Authority, Chepauk, Chennai-600 005

2. The Regional Transport Officer, Red Hills, Chennai ... Respondents in all W.Ps PRAYER in W.P. No. 10784: Petition has been filed under section 226 of the Constitution of India to issue an order of Writ of Mandamus, to direct the 2nd respondent herein to receive the application of the petitioner, dated 22.01.2015, 27.01.2015 and 29.01.2015 in Form CCPA and the prescribed fee for the grant of a Autorickshaw Permit and to consider the same.

For petitioner : Mr.S.Govindraman in all Wps For respondents : Mr.R.Lakshmi Narayanan, AGP in all Wps

C O M M O N O R D E R These Writ Petitions have been filed under Article 226 of the Constitution of India, seeking to issue an order of Writ of Mandamus, to direct the 2nd respondent herein, to receive the applications of the petitioners dated 22.01.2015, 27.01.2015 and 29.01.2015 in Form CCPA along with the prescribed fee for the grant of a Autorickshaw Permit and to consider the same.

2. Petitioners are engaged in transport business. The Transport Commissioner/ first respondent, issued a Circular imposing restrictions for grant of Autorickshaw Permit in Chennai. In the year 2010, the State Government of Tamil Nadu issued orders to grant permits immediately on receipt of applications and hence, the restrictions were removed. Petitioners herein have submitted their applications along with prescribed fees to the second respondent. However, the second respondent refused to receive the same informing that they have received instructions from the office of the first respondent not to grant any fresh permit for Autorickshaws. Hence, the present writ petitions have been filed.

3. Heard Mr. S. Govindaraman, learned counsel appearing for the petitioners and Mr. R. Lakshmi Narayanan, learned Additional Government Pleader.

4. Considering the facts and circumstances and the submissions made, this Court directs the petitioners to submit one more copy of their applications along with a copy of this order before the second respondent within a period of one week from the date of receipt of a copy of this order. On receipt of such applications, the second respondent shall consider the same and pass orders in accordance with law within a period of three weeks from the date of such applications.

5. With the above directions, all the Writ Petitions are disposed of. No order as to costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

avr To

1. The Transport Commissioner, State Transport Authority, Chepauk, Chennai-600 005

2. The Regional Transport Officer, Red Hills, Chennai +11cc's to Mr.S.Govindraman, Advocate, S.R.No.20442 +1cc to the Government Pleader, S.R.No.21083 W.P.NO.10783 to 10793 OF 2015 JSV(CO) CA(05/05/2015)