S.Nataraj v. The Regional Transport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25593 of 2023 S.Nataraj

...Petitioner

Vs.

The Regional Transport Officer (North West), Anna Nagar East, Chennai - 600 102.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider the petitioners representation dated 04.08.2023 in renewing the permit on payment of necessary fees and penalty if any imposed by the respondent and getting the Fitness Certificate from the respondent for petitioner Vehicle No. TN-02 AP3438 Maxi Cab and pass. For Petitioner : Mr. K. Subash For Respondent : Mr.R.U.Dinesh Rajkumar Additional Government Pleader 1/4

O R D E R

The petitioner herein seeks direction to respondent to consider his representation dated 04.08.2023 for renewal of permit and also to get fitness certificate for the petitioner's vehicle bearing registration No. TN-02 AP-3438 MAXI CAB.

2. It is the case of the petitioner that he purchased a Maxi Cab vehicle bearing registration No.TN-02 AP-3438 MAXI CAB in the year 2010 and the same was registered with respondent. Due to sudden ill health of the petitioner, he could not operate the vehicle. As a consequence, he could not earn his livelihood for some time. Therefore, he failed to renew the permit for the above said vehicle within a time stipulated and therefore permit for the vehicle expired on 05.10.2018. Now, the petitioner submits that he is ready to renew the permit on payment of necessary fee together with any penalty amount to be imposed by the respondent. It is the specific case of the petitioner that he should have renewed the permit before 05.10.2018 and he failed to do so due to health issues. The petitioner has come forward to renew 2/4

the permit on payment of necessary fee together with any penalty amount to be imposed by the respondent.

3. In view of the same, the respondent is directed to intimate the petitioner regarding the total amount to be paid by the petitioner for the above said vehicle together with penalty if any, within a period of three weeks from the date of receipt of copy of this order. On payment of such amount by the petitioner as intimated by the respondent, the respondent is directed to consider the request of the petitioner for renewal of permit and issue of fitness certificate to his vehicle in accordance with law and pass final orders within a further period of four weeks from the date of payment by the petitioner.

4. With the above directions, this writ petition is disposed of. No costs. 04.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/4

S.SOUNTHAR , J.

nr To The Regional Transport Officer, (North West) Anna Nagar East, Chennai - 600 102.

W.P No.25593 of 2023 04.09.2023 4/4