Manoj Driving School v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 36677 of 2016 Manoj Driving School Rep. by its Proprietor Mr. V.Zagariah 17/128, Kozi Durai Bungalow Ketti Palada Road, Ketti The Nilgiris.

... Petitioner -vs1. The Principal Secretary Home (Transport Department) Fort St. George Chennai - 600 009.

2. The Transport Commissioner State Transport Authority Chepauk, Chennai - 600 005.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records of the impugned orders of the First Respondent in G.O. Ms. No. 697, Home (Transport-5) Department, dated 05.08.2010 and the order of the Second Respondent in R.No. 22370/H1/2008, dated 17.06.2015 and to quash the same in so far as the Petitioner's Driving School concerned. 1/4

For Petitioner : No appearance For Respondents : Mr. P.Sathish Additional Government Pleader

O R D E R

Heard Mr. P.Sathish, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

There is no representation for the Petitioner when the matter is called at 12.15 p.m. today, apart from the earlier hearing on 30.09.2022. 3.

The Writ Petition had been filed challenging the G.O. Ms. No. 697, Home (Transport-5) Department dated 05.08.2010 and an Order in R. No. 22370 /H1/2008, dated 17.06.2015 passed by the Second Respondent insofar as it relates to the driving school of the Petitioner in this case. 4.

It has been brought to notice that after the filing of the Writ Petition, the impugned orders have been modified by the G.O. Ms. No. 215, Home (Transport-5) Department dated 05.05.2022, in furtherance to the order dated 2/4

15.09.2015 in W.P. No. 19362 of 2015 etc., batch passed by this Court and it has been decided to allow the Heavy Vehicles Driving School to conduct one day refresher training to the Heavy Vehicles Driver so as to issue Certificates to them for renewal of their licences and its copy has been produced. In such circumstances, nothing remains for further consideration in the Writ Petition. 5.

In fine, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petition is closed. No costs.

11.10.2022 Maya Index: Yes/No Note: Issue order copy by 04.11.2022.

To

1. The Principal Secretary Home (Transport Department) Fort St. George Chennai - 600 009.

2. The Transport Commissioner State Transport Authority Chepauk, Chennai - 600 005.

3/4

P.D. AUDIKESAVALU, J.

Maya 11.10.2022 4/4