K.Sivasubramanian v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI K.SIVASUBRAMANIAN .. Petitioner Vs
1. THE COMMISSIONER TRANSPORT AND ROAD SAFETY, TRAFFIC AND ROAD SAFETY COMMISSION, ANNA ROAD, GUINDY, CHENNAI-600 032.
2. THE ASSISTANT COMMISSIONER TRANSPROT AND ROAD SAFETY TRAFFIC AND ROAD SAFETY COMMISSION, VILLUPURAM REGION, VILLUPURAM-605 602.
3. THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE-VILLUPURAM, VILLUPURAM DISTRICT-605 602.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 3rd respondent to implement G.O.(Ms) No.48, Home (Transport.VII) Department, dated 28.01.2018 and cancel the stage carriage permit of buses plying from Villupuram District to Pondicherry and vice versa, committing repeated violation of the G.O.
For the Petitioner : Mr.M.Bakrutheen For Respondents : Mr.A.Edwin Prabakar State Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that the stage carriage permit holders plying buses between Villupuramm and Pondicherry are charging excess fare from the passengers in contravention of G.O.(Ms) No.48, Home (Transport.VII) Department, dated 28.01.2018, the petitioner sent a representation to the respondents on 18.1.2024. Based on the said representation, the first respondent, vide proceedings dated 22.2.2024, directed the third respondent to take necessary action. Complaining that the third respondent has not taken any further action, the petitioner has filed this writ petition.
2. Mr.A.Edwin Prabakar, learned State Government Pleader, submits that the third respondent shall take necessary action based on the representation of the petitioner dated 18.1.2024 and the proceedings of the first respondent dated 22.2.2024 and pass
appropriate orders within a time limit that may be fixed by this court.
3. Considering the narrow scope of the prayer made in this writ petition, without expressing any opinion on the matter, we dispose of the writ petition with a direction to the third respondent to pass appropriate orders based on the representation of the petitioner dated 18.1.2024 and the proceedings of the first respondent dated 22.2.2024, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, of course, after providing opportunity to the interested persons, if necessary. There shall be no order as to costs. (D.K.K., ACJ.) (P.B.B, J.) 19.08.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1. THE COMMISSIONER TRANSPORT AND ROAD SAFETY, TRAFFIC AND ROAD SAFETY COMMISSION, ANNA ROAD, GUINDY, CHENNAI-600 032.
2. THE ASSISTANT COMMISSIONER TRANSPROT AND ROAD SAFETY TRAFFIC AND ROAD SAFETY COMMISSION, VILLUPURAM REGION, VILLUPURAM-605 602.
3. THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE-VILLUPURAM, VILLUPURAM DISTRICT-605 602.
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) 19.08.2024