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Madras High CourtWP/7789/2018disposed of

Shanmuganathan Tractors, v. The State Transport

2018-04-04Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2018 C O R A M THE HON'BLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.7789 of 2018 Shanmuganathan Tractors, Rep. by its Proprietors S.Udayakumar, No.46/8, G.S.T.Road, Melrosapuram Road Junction, Singaperumal Koil, Chengalpattu, Kancheepuram District - 603 204.

... Petitioner

Versus

1.The State Transport Commissioner, 2.The Registering Authority Cum Regional Transport Officer, Regional Transport Officer, Chengalpattu - 603 002.

3.M.K.Suresh Kumar, Formerly Regional Transport Officer, Chengalpattu Presently working Assistant Secretary III, Office of Transport Commissioner, ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of mandamus to direct the respondents to consider the representation submitted by the petitioner dated 12.10.2017 for taking appropriate disciplinary action against the 3rd respondent for the lapses committed with malafide intention in the capacity as 2nd respondent in the Motor of Registration of Vehicle having Reg.No.TN19/AE 2551 within a time frame fixed by this Court.

For Petitioner ...

Mr.G.Sankaran For Respondents 1 & 2 ...

Mr.D.Venkatachalam Additional Government Pleader

ORDER

The relief sought for in this writ petition is for a direction to the respondents to consider the representation submitted by the writ petitioner dated 12.10.2017 for taking appropriate disciplinary action against the 3rd respondent for the lapses committed with malafide intention in the capacity in the Motor Registration of Vehicle having Regn. No. TN19/AE/2551.

2. The learned counsel appearing for the writ petitioner states that the 3rd respondent had committed many irregularities while considering the case of the writ petitioner for registration of his vehicle. The grievance of the writ petitioner is that the 3rd respondent had acted contrary to the provisions of the Act with the malafide intention and further conducted himself unbecoming of a public servant. In this regard, the writ petitioner submitted the representation to the 1st respondent on 12.10.2017 and the 1st respondent instead of considering the representation in accordance with law, kept it pending without any reply. Thus, the writ petitioner is constrained to move the present writ petition.

3. Under these circumstances, the 1st respondent is directed to consider the representation submitted by the writ petitioner and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this Order.

4. The writ petitioner is directed to enclose a copy of the representation and all the relevant document, if any along with the order passed in this writ petition. Thus, the writ petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nl To 1.The State Transport Commissioner,

2.The Registering Authority Cum Regional Transport Officer, Regional Transport Officer, Chengalpattu - 603 002.

3.M.K.Suresh Kumar, Formerly Regional Transport Officer, Chengalpattu Presently working Assistant Secretary III, Office of Transport Commissioner, +1cc to Mr.G.Sankaran, Advocate, S.R.No.25075 +1cc to the Government Pleader, S.R.No.25179 W.P.No.7789 of 2018 SAI(CO) RRK(24/04/2018)