S.Kalaiselvam v. The Deputy Transport Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU S.Kalaiselvam ... Petitioner -vs1. The Deputy Transport Commissioner, Sivathapuram Road, Kandhampatty Byepass, Salem - 636 005.

2. The Regional Transport Officer (Salem West), Regional Transport Office, Kandhampatty Byepass, Salem - 636 005.

3. The Motor Vehicle Inspector (Omalur), 2068, TVS Nagar, Tharamangalam Road, Omalur Taluk, Salem District - 635 455.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Third Respondent to renew the Fitness Certificate to the 4 school buses of the Petitioner bearing Registration Nos. (1) TN 30 AW 7495 (2) TN 30 AV 8643 (3) TN 30 AV 8627 and (4) TN 30 AX 5781 considering his representations dated 16.06.2022 and 25.06.2022.

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For Petitioner :

Mr. M.Elango For Respondents :

Mrs. Akila Rajendran, Government Advocate

O R D E R

Heard Mr. M.Elango, Learned Counsel for the Petitioner and Mrs. Akila Rajendran, Learned Government Advocate appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Petitioner, who is the owner of the motor vehicles bearing Registration Nos. TN 30 AW 7495, TN 30 AV 8643, TN 60 AV 8627 and TN 30 AX 5781, has filed this Writ Petition for directing the Respondents to renew the fitness certificates of the said vehicles. 3.

Learned Government Advocate appearing for the Respondents, on instructions, states that after the filing of the Writ Petition, the fitness certificates have been renewed in respect of three vehicles, viz., TN 30 AW 7495, TN 30 AV 8643 and TN 60 AV 8627, and their copies have been produced. In respect of the remaining vehicle, viz., TN 30 AX 5781, it is informed that the Third Respondent by proceedings in TN2022-OL/CC-5966D 2/5

dated 05.09.2022 has required the Petitioner to furnish certain particulars to examine the application for renewal of permit made by the Petitioner. 4.

In such circumstances, the Second Respondent shall pass orders on the application for renewal of permit made by the Petitioner within a period of 15 days from the date of receipt of all particulars that have been sought from the Petitioner in the proceedings dated 05.09.2022 sent in that regard. In fine, the Writ Petition is disposed with the aforesaid observations. No costs.

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

To

1. The Deputy Transport Commissioner, Sivathapuram Road, Kandhampatty Byepass, Salem - 636 005.

2. The Regional Transport Officer (Salem West), Regional Transport Office, Kandhampatty Byepass, Salem - 636 005.

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3. The Motor Vehicle Inspector (Omalur), 2068, TVS Nagar, Tharamangalam Road, Omalur Taluk, Salem District - 635 455.

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P.D. AUDIKESAVALU, J.

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