← Library
Madras High CourtWP/3650/2016disposed of

Sri Balaji Driving School v. The State Of Tamilnadu

2016-03-07Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2016

CORAM

THE Hon'ble Mr.JUSTICE M. DURAISWAMY W.P.No.3650 of 2016 and W.M.P No.3009 of 2016 Sri Balaji Driving School.

Rep by its Proprietor A.D.Balaji, No.351/8, Sree Balaji Nagar, Beemanthangal Village, Sri Perumbudur Taluk, Kancheepuram District ... Petitioner Vs

1. The State of Tamil Nadu, rep by its Principal Secretary, Home (Transport) Department, Fort St. George, Chennai - 600 009

2. The Commissioner of Transport, Chepauk, Chennai - 600 005

3. The Regional Transport Officer, Kancheepuram ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari to call for the records relating to the order of the first respondent dated 5.8.2010 in G.O.Ms No.697, Home (Transport-5) Department and the consequentil order of the second respondent dated 17.6.2015 in R.No.22370/H1/2008 and quash the same. For petitioner :

Mr.Ishak for Mr.K. Selvaraj For respondents :

Mr.A. Raja Perumal Government Advocate

ORDER

The petitioners have filed the above writ petition to issue a Writ of Certiorari to call for the records relating to the order of the first respondent dated 5.8.2010 in G.O.Ms No.697, Home (Transport-5) Department and the consequential order of the second respondent dated 17.6.2015 in R.No.22370/H1/2008 and quash the same.

2.

The learned counsel for the petitioners submitted that the issue, involved in the present writ petition, is covered by the decision of this Court made in W.P.Nos.19362 of 2015 etc., batch dated 15.09.2015. In the said order, this Court passed the following order:

"Admittedly, this Court passed an Order in W.P.No.19157 of 2010 on 27.06.2011, directing the petitioners to submit a representation. The petitioners claim that their Association submitted the representation dated 11.07.2011, which is denied by the respondents. Had it not been true, the respondents should not have allowed the petitioners to conduct the course as on date. In view of the above, these writ petitions are disposed of with a direction to the petitioners to file their representations to the respondents, within a period of two weeks from the date of receipt of a copy of this order and on such representations being submitted by the petitioners herein, the same shall be considered and necessary orders be passed by the respondents, within a further period of four weeks.

10.

At this juncture, the learned counsel for the petitioners submitted that the order of status quo granted by this Court may be extended till the disposal of their representations to be given by the petitioners.

11.

In view of the above submission made by the learned counsel for the petitioners, status quo already granted by this Court is extended till the disposal of the representations to be filed by the petitoners."

3.

Mr.A. Raja Perumal, learned Government Advocate, taking notice for the respondents, submitted that the relief sought for in the writ petition is covered by the decision of this Court made in WP No. 19362 of 2015 etc., batch dated 15.09.2015. 4.

Following the order passed in the said batch of writ petitions, the above writ petition is disposed of with a direction to the petitioners to file their representations to the respondents within a period of two weeks from the date of receipt of a copy of this order and on such representation being submitted by the petitioners, the same shall be considered and necessary orders be passed by the respondents, within a period of four weeks thereafter. There shall be an order of Statut-quo till the disposal of the representations by the respondent. With these observations, the writ petition is disposed of. No costs. Consequently, connected MP is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sr To

1. The Principal Secretary, Government of TamilNadu, Home (Transport) Department, Fort St. George, Chennai - 600 009

2. The Commissioner of Transport, Chepauk, Chennai - 600 005

3. The Regional Transport Officer, Kancheepuram +2cc's to Mr.K.Selvaraj, Advocate, S.R.Nos.6312 & 14421 +1cc to the Government Pleader, S.R.Nos.6540 & 14660 W.P.No.3650 of 2016 BVR(CO) CA(15/03/2016)