The National Matriculation Higher Secondary School, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and W.M.P.No.33003 of 2024 The National Matriculation Higher Secondary School, Represented by its Correspondent, Mr.A.Mohamed Ali Jinna, Aanyampatti Post, Gangavalli Taluk, Salem District - 636 105.
... Petitioner Vs.
1. The District Collector, Salem District, Salem.
2. The Regional Transport Officer, O/o the Regional Transport Office, Attur, Salem District.
3. S.Sivaperumal ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to renew the permit with online registration certificate without insisting original registration
certificates in respect of the vehicle bearing registration Nos.1)TN 54 Y 9583, 2)TN 46 H 1832, 3)TN 77 A 3838, 4)TN 77 J 2598, 5)TN 77 J 1161 and to issue fitness certificates as well by representing the renewal applications in light of communication of the 2nd respondent dated 18.07.2024 in A.Thi.Mu.No. 16726/ E1/ 2024.
For Petitioner : Mr.C.Prabakaran For R1 & R2 : Mrs.C.Meera Arumugam, Additional Government Pleader
O R D E R
This writ petition is filed by the National Matriculation Higher Secondary School with a prayer that registration shall be made without insisting the original registration certificates for the vehicles bearing Registration Nos.TN 54 Y 9583, TN 46 H 1832, TN 77 A 3838, TN 77 J 2598, TN 77 J 1161.
2. The case of the petitioner is that, they are running a School, by name National Matriculation Higher Secondary School at Salem. The permit of the above mentioned vehicles had expired on 30.09.2024. The third respondent, who was a committee member in the petitioner's school, had sent a communication to the second respondent stating that, the original registration
certificates of the above mentioned vehicles are being pledged. The petitioner school had requested the third respondent to furnish the duplicate registration certificates for the purpose of plying the vehicles and to get necessary approval from the Registration Department. The second respondent has not furnished any such duplicate registration certificate and had issued a communication through proceedings bearing e/f/vz;/17524-,1-2024 dated 16.07.2024, calling upon the third respondent to produce certain documents and to substantiate his instructions before the second respondent.
3. The learned counsel for the petitioner submits that the vehicles, due for renewal are school buses, used for carrying school students.
4. The learned Additional Government Pleader appearing for the respondent 1 and 2 contends that the petitioner shall submit an undertaking, as contemplated under Rule 194 of the Tamil Nadu Motor Vehicles Rules, 1989, to produce original certificates within a period four months.
5. The petitioner shall submit an undertaking to produce the original
certificates and the respondents, after obtaining the undertaking from the petitioner, shall grant the temporary registration certificate to the petitioner. N.SENTHILKUMAR , J.
skr
6. With the above observations, the writ petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 09.10.2024 skr Index : Yes / No Speaking order / Non-speaking order To
1. The District Collector, Salem District, Salem.
2. The Regional Transport Officer, O/o the Regional Transport Office, Attur, Salem District.