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Madras High CourtWP/34286/2022disposed of

B.Vijaya Sai v. The State Transport Authority

2022-12-22Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR B.Vijaya Sai ... Petitioner Vs The State Transport Authority, Chepauk, Chennai - 600 005.

... Respondent Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondent herein to implement the Order passed in M.V. Appeal No.47 of 2020 on the interstate route Balathotanapalli to Bangalore, via, Denkanikota and Hosur of the petitioner's vehicle No.TN-70/AD-7819 and consider the petitioner's representation dated 20.07.2022 to conduct the timing conference under Rule 248 of the Tamil Nadu Motor Vehicles Rules 1989 forthwith. Petitioner : Mr.R.Srinivasalu Respondent : Mr.V.Nanmaran Additional Government Pleader 1/5

ORDER

This Writ Petition has been filed to direct the respondent herein to implement the Order passed in M.V. Appeal No.47 of 2020 on the interstate route Balathotanapalli to Bangalore, via, Denkanikota and Hosur of the petitioner's vehicle No.TN-70/AD-7819 and consider the petitioner's representation dated 20.07.2022 to conduct the timing conference under Rule 248 of the Tamil Nadu Motor Vehicles Rules 1989 forthwith.

2. The grievance of the petitioner is that despite the Order passed in the appeal, no action has been taken by the authorities. The petitioner also sent a representation dated 20.07.2022 to the respondent to implement the Order passed in the appeal.

3. Heard Mr.R.Srinivasulu, learned counsel appearing for the petitioner and Mr.V.Nanmaran, learned Additional Government Pleader, appearing for the respondent.

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4. I have perused the Order of the Appellate Tribunal wherein it is stated as follows :

"In the result, this appeal is allowed in part and the Order of the State Transport Authority, Chepauk, Chennai - 5 made in proceedings in R.No.38741/E4/2019, dated 06.03.2020 is set aside and modified with a direct to the State Transport Authority, the appellant submits fresh application for revision of timings for 4 singles as per Inter State Agreement, then send notice to all sector operators as provided under Rule 248 of Tamil Nadu Motor Vehicles Rules, 1989, conduct hearing with all sector operators of both Tamilnadu and Karnataka and then pass Orders in accordance with law and in the light of the observations made above."

5. In this regard, the petitioner has also given a representation to implement the Order of the Appellate Court. However, the representation of the petitioner has not been considered till date. In such view of the matter, the respondent is directed to consider the representation of the 3/5

petitioner dated 20.07.2022 within a period one month from the date of receipt of a copy of this Order and pass Order as per law.

6. With the above direction, this Writ Petition is disposed of. No costs.

22.12.2022 vrc To The State Transport Authority, Chepauk, Chennai - 600 005.

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N.SATHISH KUMAR, J.

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