Saravana Heavy Driving School, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.1303 of 2018 and W.M.P.Nos.1639 and 1640 of 2018 Saravana Heavy Driving School, rep. By its Proprietor,D.Selvaraju, No.658/142-H, 142-H4, Kishore Complex, Salem Road, Namakkal - 637 001.

... Petitioner vs.

1. The State of Tamil Nadu, rep. By its Principal Secretary, Home (Transport) Department, Fort St.George, Chennai - 600 009.

2. The Commissioner of Road Transport, "Ezhilagam"

Chepauk, Chennai - 600 005.

3. The Licensing Authority/ Regional Transport Officer, Namakkal (South), Namakkal, Namakkal District.

..Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the order of the 1st respondent dated 5.8.2010 in G.O.(Ms.)No.697, Home (Transport-5) Department and the consequential order of the 2nd respondent dated 17.06.2015 in R.No.22370/H1/2008 and quash the same only in so far as it relates to the petitioner For Petitioner : Mr.K.Selvaraj For Respondents : Mr.B.Anandan, Government Advocate

O R D E R

Mr.B.Anandan, learned Government Advocate takes notice for the respondents. By consent of both parties, the writ petition is taken up for final disposal.

2. The petitioner has challenged the G.O.Ms No.697, Home (Transport-5) Department dated 05. 08.2010 and the consequential order of the second respondent dated 17.6.2015 in R.No.22370/H1/2008, wherein and whereby, the Government has issued orders to impart one day refresher training course and issue course completion certificate only by the 21 Heavy Vehicle Driver Training Centres of Institute of Road Transport and Tamil Nadu State Transport Corporation.

3. The learned counsel for the petitioner submitted that the issue, involved in the present writ petition, is covered by the decision of this Court made in W.P.Nos.19362 of 2015 etc., batch dated 15.09.2015. In the said order, this Court passed the following order:

"Admittedly, this Court passed an Order in W.P.No.19157 of 2010 on 27.06.2011, directing the petitioners to submit a representation. The petitioners claim that their Association submitted the representation dated 11.07.2011, which is denied by the respondents. Had it not been true, the respondents should not have allowed the petitioners to conduct the course as on date. In view of the above, these writ petitions are disposed of with a direction to the petitioners to file their representations to the respondents, within a period of two weeks from the date of receipt of a copy of this order and on such representations being submitted by the petitioners herein, the same shall be considered and necessary orders be passed by the respondents, within a further period of four weeks.

10.

At this juncture, the learned counsel for the petitioners submitted that the order of status quo granted by this Court may be extended till the disposal of their representations to be given by the petitioners.

11.

In view of the above submission made by the learned counsel for the petitioners, status quo already granted by this Court is extended till the disposal of the representations to be

filed by the petitioners."

4. Mr.B.Anandan, learned Government Advocate submitted that the relief sought for in this writ petition is covered by the decision of this Court made in WP No. 19362 of 2015 etc., batch dated 15.09.2015.

5. Following the order passed in the said batch of writ petitions, this writ petition is disposed of with a direction to the petitioner to file his representation to the respondents within a period of two weeks from the date of receipt of a copy of this order and on such representation being submitted by the petitioner, the same shall be considered and necessary orders be passed by the respondents, within a period of four weeks thereafter. There shall be an order of Status-quo till the disposal of the representation by the respondents.

6. With these observations, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

-sd/- Assistant Registrar True Copy Sub-Assistant Registrar vsi To

1. The State of Tamil Nadu, rep. By its Principal Secretary, Home (Transport) Department, Fort St.George, Chennai - 600 009.

2. The Commissioner of Road Transport, "Ezhilagam"

Chepauk, Chennai - 600 005.

3. The Licensing Authority/ Regional Transport Officer, Namakkal (South), Namakkal, Namakkal District.

+1 C.C. to Mr.K.Selvaraj Advocate SR.NO.4640 C.C. to The Government Pleader, SR.NO.5816 W.P.No.1303 of 2018 MG (CO) VS 03.02.2018