K.Sakthivel v. The Transport Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.24154 to 24158 of 2016 K.Sakthivel ... Petitioner in W.P.No.24154 of 2016 J.Parthasarathi ... Petitioner in W.P.No.24155 of 2016 R.Loganathan ... Petitioner in W.P.No.24156 of 2016 S.Baskar ... Petitioner in W.P.No.24157 of 2016 C.Vijayakumar ... Petitioner in W.P.No.24158 of 2016 vs.

1.The Transport Commissioner, State Transport Authority, Chepauk, Chennai - 600 005.... 1st Respondent in all W.Ps. 2.The Regional Transport Officer, Chengalpattu.

... 2nd Respondent in W.P.Nos.24154, 24157 & 24158 of 2016 2.The Regional Transport Officer, Kancheepuram.

... 2nd Respondent in W.P.Nos.24155 & 24156 of 2016 COMMON PRAYER :

Petitions filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the second respondent to receive the petitioner's application dated 01.07.2016 in Form CCPA together with the prescribed fees for the grant of "Auto Rickshaw Permit" and to consider the same.

For Petitioner in all W.Ps.

: Mr.S.Sathish Rajan For Respondents in all W.Ps.

: Mr.J.Balagopal Additional Government Pleader COMMON ORDER Heard Mr.S.Sathish Rajan, learned Counsel appearing for the petitioners and Mr.J.Balagopal, learned Additional Government Pleader, accepting notice on behalf of the respondents and with the consent of learned counsel appearing on either side, this writ petitions are taken up for final disposal.

2.The petitioners have filed these Writ Petitions praying for issuance of writ of mandamus to direct the second respondent to receive their Applications for grant of Auto Rickshaw permits and to consider the same and pass appropriate orders.

3.The learned counsel for the petitioners submitted that there is a need for more Auto Rickshaws on account of the fact that several existing permit holders have stopped their operations and surrendered their Permits.

4.In any event, as the petitioners Applications have not been received by the respondent, without going into the merits of the case as projected by the petitioners, there will be a direction to the second respondent to receive the petitioners Applications, consider the same and pass order on merits and in accordance with law, within a period of six weeks from the date on which the Applications are presented, along with the copy of this order.

5.The Writ Petitions are disposed of on the above terms. No costs.

Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar cse/sgl

To 1.The Transport Commissioner, State Transport Authority, Chepauk, Chennai - 600 005.

2.The Regional Transport Officer, Chengalpattu.

3.The Regional Transport Officer, Kancheepuram.

+ 1 cc to Government Pleader, High Court, Madras SR NO 39669 + 5 CCs to Mr.S.Sathish Rajan, Advocate SR NO 39235 W.P.Nos.24154 to 24158 of 2016 US[CO] GP/19.7.