R.Arunmozhi v. The State Transport Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.Nos.9601 and 9602 of 2015 R.Arunmozhi ..Petitioner in both WPs.

Vs The State Transport Authority Chepauk Chennai-600 005 .. Respondent in both WPs.

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to receive the petitioner's application dated 20.02.2015 (dealt with in R.Nos.07877, 07880/A3/2015) for the grant of Contract Carriage Omni Bus Permit along with demand draft, forthwith. For Petitioner : Mr.K.Hariharan For respondent : Mr.DigVijaya Pandian, AGP.

ORDER

Mr.DigVijaya Pandian, learned Additional Government Pleader takes notice for respondent. With the consent of both sides, the Writ Petitions are taken up for final disposal.

2. The petitioner has come forward with these writ petitions seeking direction to the respondent to receive the petitioner's application dated 20.02.2015 for the grant of Contract Carriage Omni Bus Permit along with demand draft.

3. The case of the petitioner is that the petitioner made applications with Demand Draft for the grant of Contract Carriage Omni Bus Permit before the respondent, however, the respondent has returned the applications stating that fees shall be paid only by means of cash. Learned counsel for the petitioner brought the attention of this Court to the order passed in W.P.No.4041 of 1999 dated 11.03.1999.

4. On a perusal of the copy of the order dated 11.03.1999 passed in W.P.No.4041 of 1999, it is clear that this Court https://hcservices.ecourts.gov.in/hcservices/

authorised the payment made by the petitioner therein, who paid by way of demand draft. Further this Court held that Demand Draft itself is a clear evidence for the payment of the amount and thus, this Court directed the respondent therein to receive the application and to dispose of the same on merits and also directed the Government Pleader to instruct the authorities not to return the applications on the flimsy grounds. Thus, I am of the view that payment by way of Demand Draft is also an authorised mode of payment of fees stipulated by the respondent. Accordingly, the petitioner is directed to resubmit the applications along with the Demand Draft, which shall be accepted by the authorities concerned and on receipt of the same, the respondent shall process and dispose of the same on merits within 15 days from the date of fresh resubmitting of applications.

5. The Writ Petitions are disposed of with the above direction. No costs.

Sd/- Asst.Registrar (J ) /true copy/ Sub Asst. Registrar nvsri To The State Transport Authority Chepauk Chennai-600 005 1 cc to Government Pleader, Sr. 18738 2 ccs to Mr.K. Hariharan, Advocate, sr. 18490 W.P.Nos.9601 and 9602 of 2015 TS (CO) kk 20/4 https://hcservices.ecourts.gov.in/hcservices/