Muthu @ Mariappan v. Secretary To Government(Transport)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.31407 of 2024 Muthu @ Mariappan ....

Petitioner Vs 1.Secretary To Government (Transport), Pondicherry Union Territory -Pondicherry.

2.The Commissioner State Transport Commissioner Officer, Pondicherry Union Territory - Pondicherry.

....

Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for records in No.273/TD/TP5/2011 dated 07.02.2011 and quash the same and consequently direct the respondents to grant contract carriage permit for TATA MAGIC based on petitioners application dated 16.09.2021 and 06.03.2024. For Petitioner : No appearance For Respondents : Mr.V.Vasantha Kumar Additional Government Pleader

ORDER

This writ petition has been filed challenging the order dated 07.02.2011, thereby rejected the request of the petitioner to grant contract carriage permit for TATA MAGIC.

2. Heard the learned Additional Government Pleader appearing for the respondents. There is no representation for the petitioner and as such, this Court is inclined to pass orders on merits.

3. The petitioner applied for grant of permission for contract carriage permit by paying requisite. However, it was rejected, by an order dated 07.02.2011 on the ground that, during police verification, it was found that the petitioner was involved in a criminal case in Crime No.140 of 2008, which was subsequently, it was compounded before the Judicial Magistrate No.II, Karaikal in C.C.No.118 of 2009. Though the petitioner was subsequently acquitted, the application submitted by the petitioner was rejected due to the petitioner's conduct. Now, the contract carriage permit cannot be considered and such permits can be granted only through a public auction.

4. Therefore, this Court finds no infirmity or illegality in the the order dated 07.02.2011. Thus, the writ petition lacks merit and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs. 30.10.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.Secretary To Government (Transport), Pondicherry Union Territory -Pondicherry.

2.The Commissioner State Transport Commissioner Officer, Pondicherry Union Territory - Pondicherry.

G.K.ILANTHIRAIYAN. J, Lpp 30.10.2024