Madras High CourtWP/25822/2022dismissed

Tamil Nadu Sand Lorry Owners Federation v. The Secretary To Government

2022-10-10Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.25822 of 2022 and WMP.No.24888/2022 Tamil Nadu Sand Lorry Owners Federation (Regn. No.231/2010) rep. by its President Sella Rajamani, S/o.Sellappa Gounder, No.A1-12, Mullai Nagar, Housing Board, Mohanur Road, Namakkal-637 001.

Petitioner vs.

1. The Secretary to Government, Transport Department, Fort St. George, Chennai-600 009.

2. The Director General of Police, Mylapore, Chennai-600 004.

3. The Director of Mines and Geology, Guindy Industrial Estate, Guindy, Chennai-600 032.

4. The Commissioner for Transport, Ezhilagam, Chepauk, Chennai.

5. The District Collector, Chennai District, Chennai.

6. The District Collector, Villupuram District, Villupuram.

7. The District Collector, Kancheepuram District, Kancheepuram.

8. The District Collector, Chengalpattu District, Chengalpattu.

9. The District Collector, Tiruvallur District, Tiruvallur.

10.The District Collector, Thiruvannamalai District, Thiruvannamalai.

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to take appropriate action against the officials, quarry owners and police who are not taking any action against overload by taking appropriate actions for violating the Motor Vehicle Rules.

For Petitioner ::

Mr.C.Prakasam

For Respondents ::

Mrs.R.Anitha, Spl.G.P.

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Seeking a direction to the respondents to take action against the officials who are not initiating action against the violators of Motor Vehicle Rules, the present Writ Petition has been filed as Public Interest Litigation. 2.

When the matter was called on 23.09.2022, learned Counsel for the petitioner sought for a week's time to file an additional affidavit indicating where the illegal quarry operation is taking place and how the excess load is being illegally transported and at his request, the matter was adjourned today. But till date, no such additional affidavit has been filed by the petitioner to entertain the present writ petition. Therefore, without sufficient materials, we are unable entertain the present Writ Petition filed as Public Interest Litigation.

In the result, the Writ Petition fails and the same is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petition is also closed.

(T.R.,A.C.J.) (D.K.K, J.) 10.10.2022 Index : Yes/No tsi To