R.Padmabai v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU R.Padmabai ... Petitioner -vsThe Secretary, Regional Transport Authority, Ulundurpet.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents herein to forthwith receive the Petitioner's application dated 01.11.2023 for grant of spare minibus permit on file and consider the same. For Petitioner :

Ms. Bhargavi Gopalan For Respondent :

Mr. P.Ganesan, Additional Government Pleader

O R D E R

Heard Ms. Bhargavi Gopalan, Learned Counsel for the Petitioner and Mr. P.Ganesan, Learned Additional Government Pleader, who takes notice for 1/5

the Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the Respondents to forthwith receive the application dated 01.11.2023 made by the Petitioner for grant of spare minibus permit and consider the same. 3.

Learned Additional Government Pleader appearing for the Respondent, on instructions, states that the Petitioner has today visited the office of the Respondent and submitted his application dated 01.11.2023, which would be duly considered in accordance with law.

4.

Having regard to the aforesaid submissions made, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the application dated 01.11.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the 2/5

Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and (v) the report of such compliance shall be filed by 30.06.2024 before the Registrar (Judicial) of the Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

14.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 27.03.2024.

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To The Secretary, Regional Transport Authority, Ulundurpet.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

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