R.Devakumar v. The State Transport Authority,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU R.Devakumar ... Petitioner -vsThe State Transport Authority 100 Feet Road Ozhanthaikeerapalayam Mudhaliarpet, Puducherry - 605004.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to consider the Petitioner Representation /Letter dated 03.03.2021 pertaining to 4 Applications for the stage carriage permits Puducherry to Kollur; Kollur to Puducherry; Puducherry to Mahe and Mahe to Puducherry in accordance with law within a stipulated time.

For Petitioner :

Mr. P.V.Sabaridas For Respondents :

Mr. M.Nirmal Kumar, Government Advocate (Puducherry) 1/5

O R D E R

Heard Mr. P.V.Sabaridas, Learned Counsel for the Petitioner and Mr. M.Nirmal Kumar, Learned Government Advocate (Puducherry) appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

This Writ Petition has been filed seeking a direction to the Respondent to consider the representation dated 03.03.2021 made by the Petitioner pertaining to the applications for the stage carriage permits, viz., Puducherry to Kollur, Kollur to Puducherry, Puducherry to Mahe and Mahe to Puducherry, in accordance with law within the stipulated time limit that may be fixed by the Court.

3.

Learned Government Advocate (Puducherry) appearing for the Respondent, on instructions, states that enquiry in the said proceedings has been fixed on 31.01.2024 before the Respondent and the copy of Notice No. 6100/TD/TP1/RTO(HQ)/2024 dated 23.01.2024 has been produced in that regard. Learned Counsel for the Petitioner has acknowledged its receipt in Court today.

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4.

In such circumstances, it shall be incumbent upon the Respondent to send due notice to the Petitioner and all other persons concerned to attend the hearing on the said date as well as on the subsequent dates to which it is adjourned and ensure that there are atleast two effective hearing every month showing progress of the case. After affording full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, the Respondent shall deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment. The report of such compliance shall be filed before the Registrar (Judicial) of the Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

23.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 29.02.2024.

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To The State Transport Authority 100 Feet Road Ozhanthaikeerapalayam Mudhaliarpet, Puducherry - 605004.

Copy to R.Devakumar, S/o. Late Thiru T.J.Rajabathar, Prop. Lakshmi Transports, No. 37A, 4th Cross Street, Rainbow Nagar, Puducherry - 605 011.

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P.D. AUDIKESAVALU, J.

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