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Madras High CourtWP/14750/2016disposed of

K. Dharman v. The Regional Transport Officer

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 Writ Petition No.14750 of 2016 K.Dharman ... Petitioner vs.

The Regional Transport Officer, Sholinganallur, Chennai.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to receive the application of the petitioner dated 16.03.2016 in Form CCPA and the prescribed fee for the grant of an Autorickshaw permit and to consider the same and to pass orders in accordance with law.

For Petitioner :

Mr.K.Hariharan For Respondent :

Mr.A.Zakir Hussain

ORDER

The petitioner has come up with the present writ petition for a mandamus, directing the respondent to receive the application of the petitioner dated 16.03.2016 in Form CCPA and the prescribed fee for the grant of an Autorickshaw permit and to consider the same and to pass orders in accordance with law.

2. It is the case of the petitioner that he is doing the Transport business. On 16.03.2016, when he approached the respondent and made an application along with prescribed fee for grant of Autorickshaw permit, the respondent 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, https://hcservices.ecourts.gov.in/hcservices/

the petitioner has no other option except to approach this Court with the present petition for the above stated relief.

3. Heard the learned counsel for the petitioner and the learned counsel, who took notice for the respondent.

4. Considering the limited nature of the relief sought for herein, this Court directs the respondent to receive the application of the petitioner dated 16.03.2016 in Form CCPA and the prescribed fee for the grant of an 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 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 four weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of accordingly. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To The Regional Transport Officer, Sholinganallur, Chennai.

+1 cc to Mr.K.Hariharan Advocate sr.24591 W.P.No.14750 of 2016 aa26/04/2016 https://hcservices.ecourts.gov.in/hcservices/