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Madras High CourtWP/10960/2022disposed of

M/S.Pnk Srt Travels v. The State Transport Authority

2022-06-13Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.10960 of 2022 M/s.PNK SRT Travels, Rep. by its Partner K.Sivaraj, S/o. P.N.Krishnasamy Gounder, No.372, Dharapuram Road, Tirupur - 641 604.

... Petitioner Vs.

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

2.The Joint Commissioner (Rules), Office of the Transport Commissioner, Chepauk, Chennai - 600 005.

3.The Regional Transport Officer, Regional Transport Office, Tirupur (North), Tirupur District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to consider the surrender applications dated 29/12/2021 and 31/3/2022 and reminder notice dated 21.04.2022 for surrendering the petitioner's permit in respect of the vehicles bearing Registration Nos. TN- 39 BU 7887, TN 39 BU 7997, TN 39 BF 7777, TN 39 BE 7878 and TN 39 BE 7997 and without insisting any NOC or Demand with regard to payment of tax for the quarter period from 01-10-2021 to 31.03.2022 for the aforesaid five (5) vehicles forthwith.

For Petitioner : Mr.S.Sarathkumar For Respondents: Mr.S.John J.Raja Singh Additional Government Pleader

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, to direct the respondents to consider the surrender applications dated 29/12/2021 and 31/3/2022 and reminder notice dated 21.04.2022 for surrendering the petitioner's permit in https://hcservices.ecourts.gov.in/hcservices/

respect of the vehicles bearing Registration Nos. TN- 39 BU 7887, TN 39 BU 7997, TN 39 BF 7777, TN 39 BE 7878 and TN 39 BE 7997 and without insisting any NOC or Demand with regard to payment of tax for the quarter period from 01-10-2021 to 31.03.2022 for the aforesaid five (5) vehicles forthwith. 2.Though the petitioner has filed the present petition for the above relief, it is noticed that the petitioner also received an order from the second respondent dated 08.04.2022 bearing Letter No.e.f.vz;.A4/4790/2022, which appears that the said order has been passed without hearing the petitioner in consideration of the representations of the petitioner dated 29.12.2021 and 31.03.2021.

3.In the light of the above observations, the said order is quashed and the matter is remitted back to the second respondent to pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

4.Needless to state that before passing such order, the petitioner shall be heard.

5.This Writ Petition stands disposed of in terms of the above observation. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mtl To 1.The State Transport Authority, Chepauk, Chennai - 600 005.

2.The Joint Commissioner (Rules), Office of the Transport Commissioner, Chepauk, Chennai - 600 005.

3.The Regional Transport Officer, Regional Transport Office, Tirupur (North), Tirupur District.

+1cc to Mr.S.Sarath Kumar, Advocate, S.R.No.35385 +1cc to the Government Pleader, S.R.No.34890 W.P.No.10960 of 2022 BR(CO) SB(29/06/2022) https://hcservices.ecourts.gov.in/hcservices/