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Madras High CourtWP/5142/2016disposed of

R.Karunamurthy, v. The Transport Commissioner

2016-02-11Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2016

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.5142 of 2016 & W.M.P.No.4510 of 2016 R.Karunamurthy .. Petitioner v.

1 The Transport Commissioner cum Secretary State Transport Authority 100 Feet Road Ozhendekeerapalayam Mudaliarpet Puduchery-605 004 2 R.Rani .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent herein to give opportunity of hearing at the time of any Renewal or Transfer with respect to the vehicles 1) TAV 7891 - route Villianur to Gorimedu 2) TN 28 C 2349-route Puduchery to L.P.Palayam 3) TN 49 C 3039 - route Villupuram to Cuddalore

4) PY 01 A 7797 - Spare Bus 5) TN 45 A 7200 - route Veerampattinam to Gorimedu For Petitioner :Mr.K.V.Subramanian For Respondent :Mr.Govindarajan Govt. Pleader, Pondicherry - for R1

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the first respondent to give opportunity of hearing at the time of any renewal or transfer with respect to the vehicles, viz., TAV 7891 Route Villianur to Gorimedu TN 28 C 2349 Route Puduchery to L.R.Palayam TN 49 C 3039 Route Villupuram to Cuddalore PY 01 A 7797 Spare Bus TN 45 A 7200 Route Veerampattinam to Gorimedu https://hcservices.ecourts.gov.in/hcservices/

2. It is the case of the petitioner that the first respondent should have given an opportunity to the petitioner to put-forth his case. That apart, Mr.K.V.Subramanian,, learned counsel appearing for the petitioner submitted that in the suit in O.S.No.572 of 2000 on the file of Principal Subordinate Court, Puducherry, the Trial Court has granted an order of status quo.

3.

Mr.Govindarajan, learned Government Pleader, Pondicherry appearing for the first respondent submitted that the first respondent may be directed to give an opportunity of personal hearing to the petitioner

4. Having regard to the submissions made by the learned counsel on either side, since the petitioner sought for an opportunity to put-forth his case before the first respondent, the same cannot be denied to the petitioner. In these circumstances, I direct the first respondent to give an opportunity of personal hearing to the petitioner for the renewal or transfer with respect to the vehicles mentioned above.

With these observations, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Rj To The Transport Commissioner cum Secretary State Transport Authority 100 Feet Road Ozhendekeerapalayam Mudaliarpet Puduchery-605 004 +1 cc to The Government Pleader,Puducherry sr.9149 +1 cc to Mr.T.Padmanabhan, Advocate, sr.8899 W.P.No.5142 of 2016 & W.M.P.No.4510 of 2016 ug co kra 17.02.2016 https://hcservices.ecourts.gov.in/hcservices/