Ksr Institute Of Engineering & v. The Transport Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.Nos.5786 & 5787 of 2018 KSR Institute of Engineering & Technology, rep. By its Correspondent R.Srinivasan KSR Kalvi Nagar, Tiruchengode Taluk, Namakkal District.

... Petitioner in WP.No.5786 of 2018 K.S.R.College of Engineering, rep. By its Correspondent, R.Srinivasan, Tiruchengode, Namakkal District.

... Petitioner in WP.No.5787 of 2018 versus

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

2. The State Transport Appellate Tribunal, City Civil Court Buildings, High Court Campus, Chennai - 104.

... Respondents in both the W.Ps.

Writ Petition No.5786 of 2018 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent herein to implement the judgment of the 2nd respondent State Transport Appellate Tribunal, Madras, made in M.V.Appeal No.39 of 2017, dated 25.07.2017, by granting extension of validity of permit as applied for in respect of the petitioner's vehicles Nos.TN-34-W-5251 and TN-34-W-4752 forthwith.

Writ Petition No.5787 of 2018 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent herein to implement the judgment of the 2nd respondent State Transport Appellate Tribunal, Madras, made in M.V.Appeal No.61 of 2017, dated 25.07.2017, by granting extension of validity of permit as applied for in respect of the petitioner's vehicle No.TN-34-W-4927 forthwith.

For Petitioners : Mr.K.Hariharan For Respondents : Mr.D.Suriyanarayanan Additional Government Pleader C O M M O N O R D E R The petitioners seek for a direction to the first respondent to implement the judgment of the State Transport Appellate Tribunal, Chennai, dated 25.07.2017 made in M.V.Appeal No.39/2017 and 61/2017 respectively, by granting extension of validity of permit in respect of the vehicles of the petitioners' Educational Institution buses bearing Registration Nos.TN-34-W-5251, TN-34-W-4752 & TN-34-W-4927 for the neighbouring district viz., Tiruppur.

3. The grievance of the petitioners is that even though the State Transport Appellate Tribunal allowed the appeal filed by the petitioners on 25.07.2017 and directed the 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 15.03.2018 for admission, the learned Additional 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 Additional 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 25.07.2017 in M.V.Appeal No.39/2017 and 61/2017, within a period of two weeks from the date of receipt of a copy of this order. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar

vsi To

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

2. The State Transport Appellate Tribunal, City Civil Court Buildings, High Court Campus, Chennai - 104.

+2ccs to Mr.k.Hariharan, advocate, sr.21733 , 21734 +1 CC TO The government Pleader SR.NO.22314 W.P.Nos.5786 & 5787 of 2018 RMP(26/03/2018)