A.Murugan v. The Transport Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.14615 to 14624 of 2016 A.Murugan ... Petitioner in WP.No.14615/2016 V.Pachaiyappan ... Petitioner in WP.No.14616/2016 K.Dhamodharan ... Petitioner in WP.No.14617/2016 L.Durai ... Petitioner in WP.No.14618/2016 A.Rajinikanth ... Petitioner in WP.No.14619/2016 R.Sankar ... Petitioner in WP.No.14620/2016 K.Vijay ... Petitioner in WP.No.14621/2016 S.Magesh Kumar ... Petitioner in WP.No.14622/2016 S.Poongodi ... Petitioner in WP.No.14623/2016 S.Vijayalakshmi ... Petitioner in WP.No.14624/2016 Vs.

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

...1st Respondent in all the Petitions The Regional Transport Officer, Sholinganallur Chennai.

...2nd Respondent in WPs.14615 to 14620/2016 The Regional Transport Officer, Chennai (North), Chennai.

...2nd Respondent in WPs.14621, 14622, 14623 & 14624/2016

Writ petitions have been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to receive the applications of the petitioners dated 08.02.2016 in Form CCPA with the prescribed fee for grant of Autorickshaw permit and to consider the same and pass orders.

For Petitioners in : Mr.S.Govindraman all the Petitions For Respondents in : Mr.A.Zakir Hussain all the Petitions COMMON ORDER The petitioners have come up with the present writ petitions for a mandamus, directing the second respondent concerned to receive their respective applications dated 08.02.2016 in Form CCPA along with the prescribed fee for the grant of Autorickshaw permit and to consider the same and pass orders in accordance with law.

2. The case of the petitioners is that they are doing the Transport business. On 08.02.2016, when they approached the concerned Regional Transport Officer and submitted their applications along with prescribed fee for grant of Autorickshaw permit, the Officer concerned refused to receive the same for the reason that instructions were received from the Transport Commissioner, State Transport Authority, Chepauk, Chennai not to grant fresh permit to Autorickshaws. Therefore, the petitioners have no other option except to approach this Court with the present petitions for the above stated relief.

3. Heard the learned counsel for the petitioners and the learned counsel, who took notice for the respondents.

4. Considering the limited nature of the relief sought for herein, this Court directs the Regional Transport Officer concerned i.e., second respondent herein to receive the respective applications of the petitioners dated 08.02.2016 in Form CCPA along with the prescribed fee for the grant of Autorickshaw permit and to consider the same and pass appropriate orders. It is made clear that this Court is not expressing any opinion with regard to the merits of the claim made by the petitioners and it is for the second respondent to pass appropriate orders purely on merits and in accordance with law, after affording an opportunity of personal hearing to the

petitioners. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5. All the writ petitions are disposed of accordingly. No costs.

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

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

2. The Regional Transport Officer, Chennai (North) Chennai.

3. The Regional Transport Officer, Sholinganallur, Chennai.

W.P.Nos.14615 to 14624 of 2016 PA(CO) CA(26/05/2016)