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Madras High CourtWP/12500/2023disposed of

G.Dheenadayabari v. The Union Of India

2023-04-24Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Dheenadayabari ... Petitioner Vs.

The Union of India represented by Union Territory of Puducherry represented by the Secretary, State Transport Authority, Puducherry.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to forthwith consider the representation of the petitioner dated 01.03.2023 for revision of timings by convening timings conference and fix revision of timings in respect of the petitioner's vehicle No.PY-01AP-2345 plying on the route "Puducherry to Gorimedu" (via) Muthialpet and Lawspet - 14 Trips, Puducherry to Gorimedu via 100 Feet Road - 6 trips, Puducherry to Muthialpet (via) Government Hospital and Ajantha - 8 trips, Puducherry to Villianur via. Reddiarpalayam - 4 trips and Puducherry to Veerampattinam via. Ariyankuppam - 4 trips. For Petitioner : Mr.Bhargavi Gopalan For Respondent : Mr.M.Nirmal Kumar Government Advocate [P] *****

O R D E R

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This writ petition has been filed for issuance of a writ of mandamus directing the respondent to consider the representation made by the petitioner on 01.03.2023 wherein the petitioner has sought for revision of timings by convening timing conference and to fix revision of timings in respect of stage carriage permit, which is operated by the petitioner in one route in which the petitioner is operating in various stages.

2. The case of the petitioner is that he is a stage carriage operator operating on the route Puducherry to Gorimedu and he is operating at various stages and various trips are also covered under the permit that has been given to the petitioner, which is valid up to 31.03.2028.

3. The petitioner sought for revision of timings by making an application on 08.08.2011 by paying necessary fees and by giving the proposed revisional timings. Since the same was not considered, the petitioner filed W.P.No.28712 of 2011 before this Court seeking for a direction to consider his application for revision of timings. The said writ petition was disposed of with yet another writ petition by an order dated 2/6

14.12.2011 and the respondent was directed to consider the application submitted by the petitioner.

4. The further case of the petitioner is that after the above order, several representations were made by the petitioner and the respondent never held any timing conference. The petitioner once again gave a representation on 01.03.2023 seeking for revision of timings. Since the same did not evoke any response and aggrieved by the same, the present writ petition has been filed before this Court.

5. Heard Ms.Bhargavi Gopalan, learned counsel for petitioner and Mr.M.Nirmal Kumar, learned Government Advocate [P], appearing for respondent.

6. Learned Government Advocate appearing on behalf of the respondent, based on the instructions received from the respondent, submitted that the Assistant Secretary of the State Transport Authority, Puducherry, through Notice No.1008A/TD/TP-5/HN/2023 dated 20.04.2023 has already taken up the representation of the petitioner dated 01.03.2023 and has called upon the petitioner to appear for a personal 3/6

hearing on 03.05.2023 at 11.00 a.m. before the Transport Commissioner cum Secretary, State Transport Authority (STA), Puducherry.

7. Learned Government Advocate further submitted that the petitioner will be heard and a decision will be taken on the request made by the petitioner seeking for revision of timings.

8. In the light of the above development and on recording the submission made by learned Government Advocate appearing on behalf of the respondent, it will suffice if a direction is given to the respondent to proceed further with the personal hearing after affording the petitioner an opportunity and a decision shall be taken within a period of six (6) weeks from the date of receipt of a copy of this order. This Writ Petition is disposed of with the above direction. No costs.

24.04.2023 Index: yes/no Speaking Order/Non-Speaking Order gm 4/6

To 1.The Managing Director, Tamil Nadu Small Industries Development Corporation, SIDCO, Thiruvieka Industrial Estate, Guindy, Chennai - 32.

2.The Branch Manager, Tamil Nadu Small Industries Development Corporation, Five Roads, Salem - 4.

N.ANAND VENKATESH, J 5/6

gm 24.04.2023 6/6