Madras High CourtWP/42557/2016disposed of

S.Kumaravel, v. The Regional Transport

2016-12-05Honourable Mr Justice Rajiv Shakdher2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2016

CORAM

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER W.P.No.42557 of 2016 S.Kumaravel ... Petitioner Vs.

The Regional Transport Officer, Salem (East) Salem.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondent herein to receive the Application Form CCPA dated 21.11.2016 together with prescribed fees and grant the Autorickshaw Permit in respect of the Vehicle No. TN-49-AD-8833 forthwith. For Petitioner : Mr.A.Ganesan For Respondent : Mr.Akhil Akbar Ali Government Advocate

O R D E R

1.Issue notice. Mr.Akhil Akbar Ali who appears for the respondent i.e., the Regional Transport Officer, Salem (in short RTO) accepts notice. Counsel says, he does not wish to file a reply to the writ petition and will advance arguments on the basis of record filed. Accordingly, with consent of counsels, the writ petition is taken up for final disposal. 2.The prayer made in the petition is to issue a Writ of Mandamus or any other appropriate Writ or order or direction, directing the RTO to receive the Application Form CCPA, dated 21.11.2016, together with prescribed fees and grant the Autorickshaw Permit in respect of the Vehicle No.TN-49-AD-8833, forthwith, albeit, in accordance with law.

3.Counsel for petitioner says that the petitioner had Autorickshaw Permit in respect of vehicle bearing registration https://hcservices.ecourts.gov.in/hcservices/

no.TN-49-AD-8833 which is valid up till 28.09.2016. Counsel says that the said permit has expired and therefore, the petitioner seeks to apply for a fresh permit. 4.I have considered the averments made on behalf of the petitioner.

5.The writ petition is, thus, disposed of with a direction to the RTO to consider the petitioner's request for a fresh permit, on merits, albeit, in accordance with law. 6.Needless to say, the aforesaid exercise will be done at the earliest, though, not later than four weeks from the date of receipt of a copy of the order.

7.The writ petition is accordingly closed with the afore said observations. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To The Regional Transport Officer, Salem (East) Salem.

+1cc to Mr.A.Ganesan Associates, Advocate, S.R.No.71596 +1cc to the Government Pleader, S.R.No.72071 W.P.No.42557 of 2016 PK(CO) MA(29/12/2016) https://hcservices.ecourts.gov.in/hcservices/