M.Marimuthu v. The Regional Transport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2016

CORAM:

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.26906 and 26907 of 2016 M.Marimuthu ... Petitioner in W.P.No.26906 of 2016 R.Vijayakumar ... Petitioner in W.P.No.26907 of 2016 vs.

The Regional Transport Officer, Red Hills, Chennai-52.

... Respondent in both WPs.

Petitions filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondent herein to consider and pass orders on the petitioners' applications, dated 28.06.2016, for the grant of Maxi Cab Permit in respect of Vehicle Nos.TN-76/D-8039 and TN18/C-7871 respectively, (dealt with R.Nos.49732/A2/16 and 49733/A2/16 respectively) forthwith.

For Petitioners: Mr.K.Hariharan in both WPs.

For Respondent : Mr.A.Zakkir Hussain in both WPs.

Government Advocate COMMON ORDER Heard Mr.K.Hariharan, learned counsel appearing for the petitioners and Mr.A.Zakkir Hussain, learned Government Advocate, accepting notice on behalf of the respondent and with the consent of learned counsel appearing on either side, these 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 respondent herein to receive the applications/ Form CCPA, dated 28.06.2016 with prescribed fees and grant the Maxi Cab Permit in respect of the Vehicle Nos.TN-76/D-8039 and TN-18/C-7871 respectively, forthwith.

https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioners submitted that though in similar type of vehicle throughout the State of Tamil Nadu, the Transport Authority has granted a number of permits and the owners of the vehicles have operated the same till date, the respondent refused to receive the applications with prescribed fee.

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 respondent to receive the petitioners' application, dated 28.06.2016, consider the same and pass orders, 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. These Writ Petitions are disposed of on the above terms. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar paa To The Regional Transport Officer, Red Hills, Chennai-52.

+ 2 ccs to Mr.K. Hariharan, Advocate Sr.43211 W.P.Nos.26906 and 26907 of 2016 CTK(CO) Eu 12.08.16 https://hcservices.ecourts.gov.in/hcservices/