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Madras High CourtWP/24819/2006disposed of

R.Manikandan v. The Regional Transport

2018-04-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M. DHANDAPANI W.P.No. 24819 of 2006 and M.P.No. 1 of 2006 R. Manikandan

...Petitioner

Vs The Regional Transport Officer, Thiruvannamalai District.

...Respondent

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorari call for the records inconnected with the proceedings issued in MemoNo.10395/A2/2002 dated 11.04.2006 passed by the respondent and quash the same. For Petitioner : Mr.S. Ilamvaludhi For Respondent : Mr.K. Ravikumar Additional Government Pleader

O R D E R

The petitioner has filed this writ petition challenging the recovery order passed by the respondent against the petitioner, dated 11.04.2006.

2.

The learned counsel appearing for the petitioner requested the Court that without going into the merits of the case, it would suffice to remand the matter before the Authority for fresh consideration, since the impugned order did not reflect any procedure followed by the respondent, without following the due process of law, the impugned order has been passed against the petitioner.

3.

The learned Additional Government Pleader appearing for the State fairly concede the request made by the learned counsel appearing for the petitioner.

4.

In view of the above, without going into the merits of the case and without expressing any opinion on the merits of the case, this Court is inclined to remand the matter before the respondent and the respondent is directed to pass appropriate orders on merits and in accordance with law, after giving https://hcservices.ecourts.gov.in/hcservices/

sufficient opportunity to the petitioner and after the following due process of law.

5.

With the above directions, the matter is remanded back to the respondent for passing appropriate orders after following due process of law within a period of six months from the date of receipt of a copy of this order.

6.

Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR msm Copy to:

The Regional Transport Officer, Thiruvannamalai District.

+1 cc to Mr.S.Ilamvaludhi, Advocate SR.NO. 28344 W.P.No.24819 of 2006 KK(CO) JK 18/05/18 https://hcservices.ecourts.gov.in/hcservices/