R.Jayanthi, v. The Transport Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP.No.1808 of 2016 R.Jayanthi ... Petitioner

Versus

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

2. The Regional Transport Officer, Chennai North, Chennai.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the 2nd respondent to receive the application of the petitioner dated 03.12.2015 in form CCPA and the prescribed fee for the grant of a Autorickshaw permit and to consider the same. For Petitioner : Mr.J.S.Arunkumar For Respondents : Mr.M.S.Ramesh Additional Government Pleader

ORDER

Heard Mr.J.S.Arunkumar, learned counsel appearing for the petitioner and Mr.M.S.Ramesh, learned Additional Government Pleader who accepts notice on behalf of the respondents and with their consent, this writ petition is taken up for final disposal.

2. The petitioner has filed this writ petition to direct the second respondent to receive an application given by the petitioner for grant of an Autorickshaw permit.

3. According to the petitioner, he has submitted an application for grant of an Autorickshaw permit which is complete in all respects. The petitioner would state that he is desirous of securing permit for running an Autorickshaw, for which purpose he has approached the Office of the second respondent for submitting an application. However, the petitioner has been informed that fresh applications will not be received by the Office of the second respondent.

4. Mr.M.S.Ramesh, learned Additional Government Pleader appearing for the respondents submitted that the stand taken by the respondents is factually incorrect, since there is no such direction issued not to accept any such application. It is further submitted that if any such application is submitted, complete in all respects, the same will be considered by the Authorities on merits and in accordance with law.

5. In the light of the above, there will be a direction to the second respondent to accept the petitioner's application, if it is complete in all aspects, consider the same and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order therein.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar dn To

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

2. The Regional Transport Officer, Chennai North, Chennai.

+1cc to Mr.J.S.Arunkumar, Advocate, S.R.No.3822 WP.No.1808 of 2016 MG(CO) CA(27/01/2016)