M.Thangam v. The Regional Transport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2024

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.32658 of 2024 M.Thangam .. Petitioner Vs.

The Regional Transport Officer, Salem West, Salem District.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to receive the application of the petitioner dated 27.09.2024 in Form CCPA along with the prescribed fee through online for the grant of Auto Rickshaw Permit to operate the vehicle within radius of 30 K.M. distance from Salem Town Old Bus Stand, Salem and to consider the same. For Petitioner .. Mr.A.Ganesan For Respondents .. Mr.V.Nanmaran Additional Government Pleader

ORDER

This writ petition has been filed in the nature of mandamus seeking a direction to the respondent, The Regional Transport Officer, Salem West in Salem District to receive the application of the petitioner dated 27.09.2024 in Form CCPA along with the

prescribed fee through online for grant of Auto Rickshaw Permit to operate the vehicle within the radius of 30 K.Ms. distance from Salem Town Old Bus Stand in Salem District.

2.It is not the first writ petition which had been filed of similar nature. Earlier writ petitions have been filed and an orders had been passed issuing mandamus. But the Court wanted a status report about the number of permit which had been granted as that would only cause an unhealthy competition among the Auto Rickshaw owners or drivers. It has been stated that 7033 Auto Rickshaws are plying in Salem District. 2341 Auto Rickshaws permits had been issued by the respondent. There are also buses, mini buses, private buses. It has also stated that the District Collector, Salem has permanently banned issuance of fresh Auto Rickshaw permits on 27.09.2019. 3.The learned counsel for the petitioner stated that a learned single Judge of this Court by an order order 06.10.2020 in W.P.No.12351 of 2020, had interfered with a Circular in Na.Ka.No.6213/2019 dated 21.11.2019 and had quashed the said Circular. But even otherwise, nothing prevents the petitioner from applying online and the respondents may examine the credentials and pass appropriate orders.

4.I am not inclined to grant any mandamus directing the respondents to examine the online application within any stipulated time. The Court cannot be used as a platform for this purpose.

5.Accordingly, this writ petition stands dismissed. No Costs. 18.11.2024 Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order ssr To The Regional Transport Officer, Salem West, Salem District.

C.V.KARTHIKEYAN,J.

ssr W.P.No.32658 of 2024 18.11.2024