Madras High CourtWP/14689/2016disposed of

Fazil Javith v. The State Transport Authority

2016-04-21Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.Nos.14689 and 14690 of 2016 Fazil Javith ... Petitioner in both WPs vs.

The State Transport Authority, Chepauk, Chennai 600 005.

... Respondent in both WPs Writ petitions have been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondent herein to consider and pass orders on the petitioner's applications dated 10.03.2016 for the grant of Contract Carriage Omni Bus permit (dealt with in R.No.11687/A3/2016 and R.No.11688/A3/2016) respectively, forthwith.

For Petitioner : Mr.K.Hariharan in both cases For Respondent : Mr.A.Zakir Hussain in both cases COMMON ORDER The petitioner has come up with the present writ petitions for a Mandamus, directing the respondent herein to consider and pass orders on his applications dated 10.03.2016 in R.Nos.11687/A3/2016 and 11688/A3/2016 for the grant of Contract Carriage Omni Bus permit.

2. The case of the petitioner is that on 10.03.2016, he approached the respondent and made two applications for Contract Carriage Omni Bus permit in the prescribed forms along with the required fees. The respondent received the same and assigned R.Nos.11687/A3/2016 and 11688/A3/2016, however, he did not consider the same so far. Therefore, the petitioner has filed the present writ petitions for the above stated relief.

3. Heard the learned counsel for the petitioner and the learned counsel, who took notice for the respondent. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the limited nature of the relief sought for herein, this Court directs the respondent to consider the petitioner's applications dated 10.03.2016 in R.Nos.11687/A3/2016 and 11688/A3/2016 and pass appropriate orders, with regard to grant of Contract Carriage Omni Bus permit. It is made clear that this Court is not expressing any opinion with regard to the merits of the claim made by the petitioner and it is for the respondent to pass appropriate orders purely on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. 5.

Both the writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rk To The State Transport Authority, Chepauk, Chennai 600 005.

2 ccs to Mr.K.Hariharan, Advocate, sr.24664 1 cc to Government Pleader, sr.25040 W.P.Nos.14689 and 14690 of 2016 rk co kra 24.05.2016 https://hcservices.ecourts.gov.in/hcservices/