← Library
Madras High CourtWP/13770/2023disposed of

D.Selvan v. The Chief Secretary

2023-04-28Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Selvam .. Petitioner Vs

1. The Chief Secretary Government of Tamil Nadu Fort St. George, Secretariat Chennai - 600 009.

2. The Tamil Lnadu Transport Commissioner Ezhilagam, PWD Estate, Chepauk Triplicane, Chennai - 600 005.

3. The Additional Chief Secretary Transport Commissioner Ezhilagam, PWD Estate, Chepauk Triplicane, Chennai - 600 005.

4. The Deputy Transport Commissioner Kollakattumedu, Karur Bypass Road

5. The Regional Transport Office Erode East, Kollakattumedu Karur Bypass Road

6. The District Collector Erode District State Highways 96 Palayapalayam Erode - 638 002.

7. The District Collector Namakkal District Tiruchengode-Namakkal-Trichy Road Namakkal - 637 001.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 2 to 7 to register only the private school buses that are built by licensed bus body builders recognised by Automotive Research Association of India (ARAI) and ensure proper safety of all school children travelling in private school buses by considering the petitioner's representation dated 21.3.2023.

For the Petitioner : Mr.Naveen Kumar Murthy for Mr.G.V.Mohan Kumar For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) D.Selvan, son of Devaraj, a resident of Pallipalayam, Erode District, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 2 to 7 to register only the private school buses that are built by licensed bus body builders recognised by Automotive Research Association of India (ARAI) and ensure proper safety of all school children travelling in private school buses by considering the petitioner's representation dated 21.3.2023.

2. Mr.Naveen Kumar Murthy, learned counsel appearing on behalf of the petitioner, submitted that the petitioner would be content if a direction is issued to respondents authorities to consider the representation of the petitioner dated 21.3.2023 and pass appropriate orders in the light of the notification issued by the Ministry of Road Transport and Highways, New Delhi, dated 13.4.2018.

3. Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of the respondents, submitted that, if six weeks' time is granted, the respondents shall consider the representation of the petitioner dated 21.3.2023 and pass appropriate orders in the light of the notification issued by the Ministry of Road Transport and Highways, New Delhi, dated 13.4.2018.

4. Recording the aforesaid submission made by learned State Government Pleader, we dispose of the writ petition with a direction to the respondents to consider the representation of the petitioner dated 21.3.2023 in the light of the notification issued by the Ministry of Road Transport and Highways, New Delhi, dated 13.4.2018 and pass appropriate orders within six weeks from the date of receipt of a copy of this order. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 28.04.2023 Index :

No No sasi

To:

1. The Chief Secretary Government of Tamil Nadu Fort St. George, Secretariat Chennai - 600 009.

2. The Tamil Lnadu Transport Commissioner Ezhilagam, PWD Estate, Chepauk Triplicane, Chennai - 600 005.

3. The Additional Chief Secretary Transport Commissioner Ezhilagam, PWD Estate, Chepauk Triplicane, Chennai - 600 005.

4. The Deputy Transport Commissioner Kollakattumedu, Karur Bypass Road

5. The Regional Transport Office Erode East, Kollakattumedu Karur Bypass Road

6. The District Collector Erode District State Highways 96 Palayapalayam Erode - 638 002.

7. The District Collector Namakkal District Tiruchengode-Namakkal-Trichy Road Namakkal - 637 001.

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sasi) 28.04.2023