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Madras High CourtWP/5319/2016disposed of

P.Sebastian v. The Secretary

2016-02-12Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12-02-2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY W.P.Nos.5319, 5320, 5321, 5322 of 2016 and 5327, 5328, 5329, 5330 and 5331 of 2016 P. Sebastian .. Petitioner in W.P.No.5319 of 2016 U. Saleem .. Petitioner in W.P No.5320 of 2016 Ummal Hudu .. Petitioner in W.P.No.5321 of 2016 K. Rajendran .. Petitioner in W.P.No.5322 of 2016 G.V. Rajaram .. Petitioner in W.P.No.5327 of 2016 S. Senthilnathan .. Petitioner in W.P.No.5328 of 2016 Gulam Mohideen Sahib .. Petitioner in W.P.No.5329 of 2016 Umarani .. Petitioner in W.P.No.5330 of 2016 Isha Kani Natchiyar .. Petitioner in W.P.No.5331 of 2016 Vs.

The Secretary, State Transport Authority, Karaikal, Puducherry State.

..Respondent in All WPS.

Writ Petitions filed under Article 226 of the Constitution of India praying this Court to issue Writs of Mandamus directing the respondent to consider and pass orders on the petitioners' applications dated 15.9.2015, for the renewal of contract carriage permit in respect of Vehicle No.PY-02/J-6840, permitted to play on the route, "NORTH VANJORE to NEIVACHERRY for the period from 10.11.2015 to 09.11.2020. (in respect of Writ Petition No.5319 of 2016); application dated 23.09.2015, vehicle No.PY-02/J-6136, permitted to ply on the route "NEDUNGADU to POOVAM"for the period from 15.10.2015 to 14.10.2020 ( in respect of W.P No.5320 of 2016) ; application dated 29.09.2015, vehicle No.PY-02/J-6148, permitted to ply on the route "NEDUNGADU to KARAIKAL"for the period from 15.10.2015 to 14.10.2020 ( in respect of W.P No.

5321 of 2016); application dated 19.01.2016, vehicle No.PY-02/J-9382, permitted to ply on the route "AKKARAIVATTAM to MEDICAL COLLEGE" for the period from 19.01.2016 to 18.01.2021 (in respect of W.P.No.5322 of 2016); application dated 10.08.2015 vehicle No.PY-02/J-4585 permitted to ply on the route "NEDUNGADU to POOVAM" for the period from 08.09.2015 to 07.09.2020 (in respect of W.P No.5327 of 2016); application dated 17.8.2015, vehicle No.

to ply on the route "KARAIKKAL to MONDAPATHUR"for the period from 23.09.2015 to 22.09.2020 ( in respect of W.P.No.5328 of 2016); application dated 1.09.2015, vehicle No.PY-02/J-4875, permitted to ply on the route "KARAIKAL to MEDICAL COLLEGE"for the period from 23.09.2015 to 22.09.2020 ( in respect of W.P.No.5329 of 2016); application dated 04.09.2015, vehicle No.PY-02/J-4950, permitted to ply on the route "VARICHIKUDY to KAMARAJAR VALAGAM"for the period from 23.09.2015 to 22.09.2020 ( in respect of W.P.No.5330 of 2016) and application dated 30.12.2015 vehicle No.PY-02/J-9352, permitted to ply on the route, "THIRUNALLAR to KOTTUCHERRY"for the period from 19.01.2016 to 18.01.2020 (in respect of W.P.No.5331 of 2016) forthwith.

For Petitioner in all the Writ Petitions :

Mr.K. Hariharan For Respondent :

Mr.A. Tamilvanan Govt. Advocate (Pondy.) COMMON ORDER The petitioner have filed the above writ petitions to issue Writs of Writs of Mandamus directing the respondent to consider and pass orders on the petitioners' applications dated 15.9.2015, for the renewal of contract carriage permit in respect of Vehicle No.PY-02/J-6840, permitted to play on the route, "NORTH VANJORE to NEIVACHERRY for the period from 10.11.2015 to 09.11.2020. (in respect of Writ Petition No.5319 of 2016); application dated 23.09.2015, vehicle No.PY-02/J6136, permitted to ply on the route "NEDUNGADU to POOVAM"for the period from 15.10.2015 to 14.10.2020 ( in respect of W.P No.5320 of 2016) ; application dated 29.09.2015, vehicle No.PY-02/J6148, permitted to ply on the route "NEDUNGADU to KARAIKAL"for the period from 15.10.2015 to 14.10.2020 ( in respect of W.P No.

5321 of 2016); application dated 19.01.2016, vehicle No.PY02/J-9382, permitted to ply on the route "AKKARAIVATTAM to MEDICAL COLLEGE" for the period from 19.01.2016 to 18.01.2021 (in respect of W.P.No.5322 of 2016); application dated 10.08.2015 vehicle No.PY-02/J-4585 permitted to ply on the route "NEDUNGADU to POOVAM" for the period from 08.09.2015 to 07.09.2020 (in respect of W.P No.5327 of 2016); application dated 17.8.2015, vehicle No.PY-02/J-4883, permitted to ply on the route "KARAIKKAL to MONDAPATHUR"for the period fromm 23.09.2015 to 22.09.2020 (in respect of W.P.No.5328 of 2016); application dated 1.09.2015, vehicle No.PY-02/J-4875, permitted to ply on the route "KARAIKAL to MEDICAL COLLEGE"for the period from 23.09.2015 to 22.09.2020 (in respect of W.P.No.5329 of 2016); application dated 04.09.2015, vehicle No.

PY-02/J-4950, permitted to ply on the route "VARICHIKUDY to KAMARAJAR VALAGAM"for the period from 23.09.2015 to 22.09.2020 ( in respect of W.P.No.5330 of 2016) and application dated 30.12.2015 vehicle No.

"THIRUNALLAR to KOTTUCHERRY"for the period from 19.01.2016 to 18.01.2020 (in respect of W.P.No.5331 of 2016) forthwith. 2.

Mr.A. Tamilvanan, learned Government Advocate (Pondicherry), taking notice for the respondent submitted that the respondent may be directed to consider the petitioner's representation and pass orders on merits and in accordance with law.

3.

Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for in the writ petitions, without expressing any opinion with regard to the merits of the case, I direct the respondent to consider the representation of the petitioners' dated 15.9.2015, 23.9.2015, 29.09.2015, 19.01.2016, 10.08.2015, 17.08.2015, 01.09.2015 04.09.2015 and 30.12.2015 for the renewal of contract carriage permit in respect of Vehicles mentioned above and pass orders, on merits and in accordance with law, within a period of four weeks form the date of receipt of copy of this order.

4.

With the above observation, the all writ petitions are disposed of. No costs.

sr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Secretary, State Transport Authority, Karaikal, Puducherry State.

+ 3 CCS TO THE GOVT.PLEADER-CUM-PP FOR PUDUCHERRY, HIGH COURT, MDS. SR.NOS.9319, 9322 & 9323.

+ 9 CCS TO MR.K.HARIHARAN, ADVOCATE SR.NOS.9122 & 9123. KR/24/2/16 W.P.Nos.5319, 5320, 5321, 5322 of 2016 and 5327, 5328, 5329, 5330 and 5331 of 2016