Gunasekaran v. The Commissioner (Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 34736 of 2017 Gunasekaran ... Petitioner -vs1. The Commissioner (Transport Department) Office of the Commissioner Transport Department Secretariat, Fort St. George Chennai - 600 009.

2. The Regional Transport Officer Office of Regional Transport Cuddalore District Cuddalore.

3. The Break Inspector Office of the Break Inspector Panruti Division Motor Vehicle Inspector Cuddalore District.

4. Venkatakrishnan The Break Inspector Panruti Division Motor Vehicle Inspector Cuddalore District.

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5. Sree Selvaganapathy Mini Bus Service Rep. by its Owner Mrs. G.Poongavanam W/o. Late D.Ganapathi No.1026/15, T.R.V.Nagar Chennai Salai, Lakshmi Narayanapuram Panruti Taluk, Cuddalore District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents 1 to 3 to take action against the Respondents 4 and 5 for violating the permit conditions and from plying the Fifth Respondent vehicle in the route allotted to the Petitioner.

For Petitioner : No appearance For Respondents : Mr. Yogesh Kannadasan Special Government Pleader (For R1 to R3) R4 & R5 - No appearance

O R D E R

Though the matter has been posted under the caption 'for dismissal', there was no representation for the Petitioner when the matter was called at 11.52 a.m. today, apart from the earlier hearing on 18.10.2022. There does not appear to be any useful purpose being served in keeping the Writ Petition pending indefinitely when the Petitioner is not interested in prosecuting the same.

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In such circumstances, the Writ Petition is dismissed for non-prosecution. It is made clear that the Petitioner is not precluded from applying for revival of the Writ Petition, if necessary, in accordance with law. Consequently, the connected Miscellaneous Petition is closed. No costs. 20.10.2022 Maya Index: Yes/No Note: Issue order copy by 02.11.2022.

To

1. The Commissioner (Transport Department) Office of the Commissioner Transport Department Secretariat, Fort St. George Chennai - 600 009.

2. The Regional Transport Officer Office of Regional Transport Cuddalore District Cuddalore.

3. The Break Inspector Office of the Break Inspector Panruti Division Motor Vehicle Inspector Cuddalore District.

Copy to Gunasekaran, S/o. Krishnamoorthy, No. 1/85, KVK Complex, Police Line Fourth Street, Panruti, Cuddalore District.

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P.D. AUDIKESAVALU, J.

Maya 20.10.2022 4/4