G. Dharmalingam v. The Regional Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2015

CORAM:

THE HON'BLE MR. JUSTICE R. MAHADEVAN W.P.No. 25760 of 2015 G. Dharmalingam Petitioner Vs

1. The Regional Transport Authority, Salem East, Salem.

2. The Secretary, Regional Transport Authority, Salem East, Salem

3. The Secretary, Regional Transport Authority, Salem West, Salem.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents herein to receive, consider and pass orders forthwith on the petitioner's Mini Stage Carriage Permit TN 27 A 6521 renewal application dated 30.06.2015 on the route Valasaiyur Santhai to Ayothipattinam Ramar Koil from 01.08.2015 to 31.07.2020. For petitioner :

Mr.T.Padmanabhan For respondents:

Mr.M.S.Ramesh, AGP

O R D E R

Heard the learned counsel appearing for the petitioner and Mr.M.S.Ramesh, learned Additional Government Pleader, who took notice for the respondent and with their consent, the writ petition is taken up for disposal at the admission stage itself. 2.The writ petition has been filed under Article 226 of the Constitution of India seeking direction to the respondent herein to consider and dispose of the petitioner's application for renewal of Mini Stage Carriage Permit dated 30.06.2015 on the route Valasaiyur Santhai to Ayothipattinam Ramar Koil from 01.08.2015 to 31.07.2020.

3. It is the case of the petitioner that he is operating a mini stage carriage on the route Valasaiyur Santhai to Ayothiapattinam Ramar Koil (via) Thottil Erikadu, Anna Nagar Colony Palliapatty, Tahilanur, Salem - Valasaiyur Road, Thathanur, Mettupatty, Thathanur touching Dasanaickenpatty

covered by TN 27 A 6521 issued by the then undivided the Secretary, Regional Transport Authority, Salem-5 and submitted his application in the prescribed renewal form (PRA) along with necessary required documents for the period from 31.07.2005 to 31.07.2020.

4. According to the petitioner, the said renewal application submitted to 2nd respondent was returned by its order made in A.T.M.No.36359/A2/2013 dated 04.06.2014, against which, the petitioner has preferred an appeal before the State Transport Appellate Tribunal, Chennai. Further on 28.7.2014, the 2nd respondent sent a letter in Na.Ka.No.19348/A2/2014 dated 28.7.2014 stating that further action would be taken on renewal application after receipt of the order copy of the State Transport Appellate Tribunal, Chennai.

5. Learned counsel for the petitioner submitted that the renewal application of the petitioner for Mini stage carriage permit dated 30.6.2015 is kept pending. He further submitted that it would be suffice if the petitioner's application for renewal of mini stage carriage permit dated 30.6.2015 is considered by the respondents within the time frame fixed by this Court.

6. Learned Additional Government Pleader has no objection for granting such relief to the petitioner.

7. In view of the same, this Court, without going into the merits of the case, directs the respondents to consider the application for renewal of Mini Stage Carriage Permit dated 30.6.2015 for the period from 1.8.2015 to 31.07.2020 submitted by the petitioner 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. While passing order, the respondent shall take into consideration the orders of State Transport Appellate Tribunal, if any, passed against the rejection order passed by the 2nd respondent dated 4.6.2014.

8. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To

1. The Regional Transport Authority, Salem East, Salem.

2. The Secretary, Regional Transport Authority, Salem East, Salem

3. The Secretary, Regional Transport Authority, Salem West, Salem.

+1 cc to Government Pleader sr.65936 +1 cc to Mr.T.Padmanabhan Advocate sr.65920 W.P.No. 25760 of 2015 rv(co) aa14/12/2015