K.Venkatesh v. The Regional Transport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD K.Venkatesh

...Petitioner

-VsThe Regional Transport Officer, Salem West, Salem District.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondent herein to receive the application of the petitioner dated 17.02.2025 in Form CCPA along with the prescribed fee through online for the grant of Auto Rickshaw Permit to operate the vehicle within radius of 30 K.M. distance from Salem Town Old Bus Stand, Salem, Salem District, and to consider the same and pass such further orders. For Petitioner :

Mr.A.Ganesan For Respondent :

M/s.P.Aishwarya, Government Advocate 1/6

O R D E R

This writ petition has been filed to direct the respondent herein to receive the application of the petitioner dated 17.02.2025 in Form CCPA along with the prescribed fee through online for the grant of an Auto Rickshaw Permit to operate the vehicle within a radius of 30 Km distance from Salem Town Old Bus Stand, Salem, Salem District.

2. The case of the petitioner is that in the year 2010, the State Government of Tamil Nadu issued orders to grant permits immediately on receipt of the applications. Therefore, the restrictions for the grant of Auto rickshaw permits were removed. From 2010 onwards, a good number of permits were granted, which is a boon for the Auto rickshaw Sector as well as self-employment. In these circumstances, the petitioner aspired to secure a fresh permit for Auto rickshaw and subsequently, on 17.02.2025, the petitioner went to the office of the Regional Transport Officer, Salem District, the respondent herein, to submit the prescribed application for the grant of an Auto rickshaw Permit to operate the vehicle within 30 km radius distance from Salem Town Old Bus Stand, Salem, Salem District. Whereas to his surprise, the respondent refused to receive the application and fee. 2/6

Further they orally informed that they have received instructions from the office of the Transport Commissioner, State Transport Authority, Chepauk, Chennai-5 not to grant any fresh permits for Auto rickshaws.

3. Learned counsel appearing for the petitioner would submit that this Court in W.P.No.12351 of 2020 was pleased to pass an order dated 06.10.2020 by quashing the Circular in Na.Ka.No.6213/2019, dated 21.11.2019, issued by the RTO, Salem, by holding that the respondent is directed to consider the application submitted by the petitioner for the grant of an auto rickshaw permits, and necessary orders shall be passed thereof.

4. In similar circumstances, this Court in W.P.Nos.14300 to 14305 of 2024 was pleased to pass an order dated 29.05.2024 by directing the respondent to receive the applications of the petitioner in Form CCPA along with the prescribed fee for the grant of an Auto Rickshaw Permit and consider the same on its own merits and in accordance with law and pass appropriate orders.

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5. Learned counsel would further submit that till date the officials of the respondent refused to receive the petitioner's application. Even if the application is sent by post, the same will not be considered by the respondent. Hence, the present writ petition is filed.

6. M/s.P.Aishwarya, learned Government Advocate takes notice on behalf of the respondent.

7. Heard both sides and perused the materials available on record.

8. Learned counsel appearing for the petitioner as well as learned Government Advocate appearing for the respondent are at idem that the matter was covered by the order of this Court in W.P.Nos.14300 to 14305 of 2024 in the case of N.Javied and others Vs. The Regional Transport Officer, Salem East, Salem District and others, which held as follows: "4. The issue involved in the present writ petitions were dealt in the earlier Writ Petition in W.P.No.18034 of 2020 dated 11.12.2020 and this Court had, issued direction to the concerned Regional Transport Officer to receive the application of the petitioner in Form CCPA along with the prescribed fee.

5. In the result, these writ petitions are disposed of, with a direction to the respondent to receive the applications 4/6

of the petitioners dated 14.05.2024 in Form CCPA along with the prescribed fee for grant of Auto Rickshaw Permit and consider the same on its own merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. No costs."

9. In view of the above ratio laid down by this Court in W.P.Nos.14300 to 14305 of 2024, the respondent is directed to receive the application of the petitioner dated 17.02.2025 in Form CCPA along with the prescribed fee through online for the grant of an Auto Rickshaw Permit to operate the vehicle within a radius of 30 Km distance from Salem Town Old Bus Stand, Salem, Salem District, and pass appropriate orders on its merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. In the result, this writ petition stands disposed of with the above observations and direction. No costs.

28.03.2025 cda Index : Yes/No Speaking/Non Speaking order 5/6

J.SATHYA NARAYANA PRASAD, J.

cda To The Regional Transport Officer, Salem West, Salem District.

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