P.Allah Baksh, v. The State Transport Authority,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 14.10.2015 CORAM ::

THE HON'BLE MR. JUSTICE R. MAHADEVAN WRIT PETITION NOS: 32924 TO 32927 OF 2015 P. Allah Baksh "Tippu Sultan Travels"

No: 1 Main Road, Kaliakkavilai ... Petitioner in all the Kanyakumari District.

writ petitions -vsThe State Transport Authority Chepauk ... Respondent in all the Chennai - 600 005.

writ petitions Writ petitions under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent herein to consider and pass orders on the petitioner's application dated 15.04.2015 (dealt with in R. No: 31714 to 31717/A3/20915 respectively) for the grant of contract carriage Omni bus permit. For petitioner :: M/s. K. Hariharan For respondents :: Mr. M.S. Ramesh Additonal 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 the application dated 15.04.2015 (dealt with in R. No: 31714 to 31717/A3/20915 respectively) for the grant of contract carriage Omni bus permit.

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 operator, applied for a contract carriage omni bus permit on 15.04.2015 before the respondent. The applications of the petitioners were also received and thereupon the respondent has assigned R. No. 31714 to 31717/A3/2015 to the applications.

The grievance of the petitioners is, till date the respondent has not passed any order, https://hcservices.ecourts.gov.in/hcservices/

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 petitioner, 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 respondent 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 petitioner. Therefore, considering the request of the petitioner, the respondent is directed to pass orders on the applications of the petitioners on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, these writ petitions are disposed of. There shall be no orders as to the costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar gp To The State Transport Authority Chepauk Chennai - 600 005.

1 CC TO Mr.K. Hariharan, Advocate, Sr. 56403 W.P. Nos: 32924 to 32927 of 2015 LRS (CO) kk 19/10 https://hcservices.ecourts.gov.in/hcservices/