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Madras High CourtWP/13665/2016disposed of

G.Vaithilingam v. The Regional Transport

2016-04-20Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2016

CORAM

THE Hon'ble Mr.JUSTICE M. DURAISWAMY W.P.No.13665 of 2016 G. Vaithilingam ..... Petitioner vs The Regional Transport Authority, Villupuram .... Respondent Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondent to forthwith consider the petitioner's application dated 01.01.2005 for grant of minibus permit on the route " Kallakurichi Bus Stand to Malaikottalam Colony" and grant the same.

For petitioner :

Ms.S. Radha Gopalan For respondent :

Mr.P.V. Selvakumar Additional Government Pleader

ORDER

The petitioner has filed the writ petition for issuance of a Writ of Mandamus directing the respondent to consider the petitioner's application dated 01.01.2005 for grant of minibus permit on the route " Kallakurichi Bus Stand to Malaikottalam Colony".

2.

Ms.S. Radha Gopalan, learned counsel for the petitioner submitted that inspite of the petitioner's application dated 01.01.2005, the respondent has not considered the same even after a lapse of more than ten years. Therefore, the learned counsel for the petitioner submitted that the respondent may be directed to consider the petitioner's application and pass orders in accordance with law.

3.

Mr.P.V.Selvakumar, learned Additional Government Pleader, appearing for the respondent, submitted that the respondent may be directed to consider the petitioner's application dated 01.01.2005 and pass orders taking into consideration the Government Order in G.O.Ms.No.136 dated 23.02.2011 Home (Transport.III) Department.

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4.

The learned counsel for the petitioner submitted that the petitioner may be given an opportunity to appear before the respondent prior to the passing of any order in the petitioner's application to make his submission with regard to the application of the Government Order in G.O.Ms.No.136 dated 23.02.2011 Home (Transport.III) Department.

5.

In view of the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for by the writ petitioner, without expressing any opinion with regard to the mertis of the case, I direct the respondent to consider the petitioner's application dated 01.01.2015 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. The respondent is directed to give an opportunity of personal hearing to the petitioner.

7.

With regard to the application of the Government Order in G.O.Ms.No.136 dated 23.02.2011, the petitioner is at liberty to make his submissions before the respondent. With these observations, the writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar sr To The Regional Transport Authority, Villupuram +1 cc to M/s.S.Radha Gopalan, Advocate, sr.24920 +1 cc to Government Pleader, sr.24536 WP.No.13665/2016 svi co kra 26.04.2016 https://hcservices.ecourts.gov.in/hcservices/