S. Nallathambi, v. The State Transport Authority,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.25080 to 25083 of 2015 S.Nallathambi ... Petitioner in W.P.25080/2015 G.Muthusamy ... Petitioner in W.P.25081/2015 R.Gowri Shankar ... Petitioner in W.P.25082/2015 R.Gowri Shankar ... Petitioner in W.P.25083/2015 Vs.

The State Transport Authority Chepauk, Chennai 600 005.

... Respondent in all the W.Ps.

Common Prayer:

Petitions filed under section 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to consider and pass orders on the petitioner's Application dated 24.04.2015, 24.04.2015, 18.06.2015 and 18.06.2015 respectively, (dealt with in R.No.17518/A3/2015, R.No.17517/A3/2015, R.No.34120/A3/2015 and R.No.34121/A3/2015 respectively) for the grant of Contract Carriage Omni Bus Permit, forthwith. For Petitioners : Mr.K.Hariharan For Respondents : Mr.M.S.Ramesh Additional Government Pleader C O M M O N O R D E R The writ petitions are filed by the petitioners seeking to issue a Writ of Mandamus, to direct the respondent to consider and pass orders on their applications dated 24.04.2015, 24.04.2015, 18.06.2015 and 18.06.2015 respectively, (dealt with in R.No.17518/A3/2015, R.No.17517/A3/2015, R.No.34120/A3/2015 and R.No.34121/A3/2015 respectively) for grant of Contract Carriage Omni Bus Permit, forthwith.

2.Mr.M.S.Ramesh, learned Additional Government Pleader takes notice for the respondent. With the consent of both parties, the petitions are taken up for disposal at the stage of admission itself. 3.The petitioners being tourist bus operators, applied for a contract carriage omni bus permit on 24.04.2015, 24.04.2015, https://hcservices.ecourts.gov.in/hcservices/

18.06.2015 and 18.06.2015 respectively, before the respondent. The applications of the petitioners were also received and thereupon the respondent has assigned R.No.17518/A3/2015, R.No.17517/A3/2015, R.No.34120/A3/2015 and R.No.34121/A3/2015 respectively, to their applications. The grievance of the petitioners is, till date the respondent has not passed any order, neither granting the permit nor rejecting the same. As the inaction is running contrary to Rule 80

(1) of the Motor Vehicles Act 1988, the petitioners were constrained to come this Court.

4.The learned counsel appearing for the petitioners, further submitted that this Court, in similar circumstances, while considering the effect of the provisions under section 80(1) of the Motor Vehicles Act 1988, has directed the respondents to consider and pass appropriate orders on the applications.

5.At this point of time, learned Additional Government Pleader requested this Court to grant eight weeks time to consider and pass orders on the applications of the petitioners. Therefore, considering the request of the petitioners, the respondent is directed to pass orders on the applications of the petitioners, within a period of four weeks from the date of receipt of a copy of this order. 6.With the above direction, the writ petitions are disposed of. No order as to costs.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar pri To The State Transport Authority Chepauk, Chennai 600 005.

+4 cc to M/s.K.Hariharan, Advocate, sr.42306 +1 cc to The Government Pleader, sr.42797 W.P.Nos.25080 to 25083 of 2015 ala(co), kra(1/9) https://hcservices.ecourts.gov.in/hcservices/