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Madras High CourtWP/15966/2016disposed of

S.Banumathi, v. The Regional Transport

2016-04-27Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2016

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.15966 of 2016 and W.M.P.Nos.13818 & 13819 of 2016 S.Banumathi ... Petitioner Vs.

The Regional Transport Authority, Tiruvannamalai.

... Respondent Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records of the respondent relating to the proceedings in R.No.A1/79264/2015 dated 17.02.2016 and to quash the same and consequently direct the respondent to receive the petitioner's application for renewal of mini bus permit in respect of Vehicle No.TN 23 A 4003 permitted to ply on the route "Anugumalai to Madurampattu" for the period from 05.12.2015 to 04.12.2020 forthwith.

For Petitioner : Mr.K.Hariharan For Respondent : Mr.A.Zakir Hussain, Government Advocate

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of certiorarified mandamus to call for the records of the respondent relating to the proceedings dated 17.02.2016 and to quash the same and to consequently direct the respondent to receive the petitioner's application for renewal of mini bus permit in respect of Vehicle No.TN 23 A 4003 permitted to ply on the route "Anugumalai to Madurampattu" for the period from 05.12.2015 to 04.12.2020 forthwith.

2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that instead of going into the merits of the matter, it would be suffice if liberty is given to the petitioner to challenge the impugned order dated 17.02.2016 by way of an appeal before the State Transport Appellate Tribunal.

https://hcservices.ecourts.gov.in/hcservices/

3.Mr.A.Zakir Hussain, learned Government Advocate taking notice for the respondent submitted that such liberty can be given to the petitioner.

4.Having regard to the submissions made by the learned counsel on either side, I give liberty to the petitioner to challenge the impugned order dated 17.02.2016 by way of an appeal before the State Transport Appellate Tribunal within a period of two weeks from the date of receipt of a copy of this order and the State Transport Appellate Tribunal is directed to entertain the appeal to be filed by the petitioner without insisting on the question of limitation.

5.With this observation, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

va s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To The Regional Transport Authority, Tiruvannamalai.

+ 1 cc to Mr.K.Hariharan, Advocate, SR 26357 + 1 cc to Govt.Pleader, High Court, Madras SR 26810 jsv(co) prk2/5 W.P.No.15966 of 2016 and W.M.P.Nos.13818 & 13819 of 2016 https://hcservices.ecourts.gov.in/hcservices/