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Madras High CourtWP/27274/2017disposed of with direction

P.Prakasan v. Tamilnadu State Transport

2023-08-08Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Prakasan .. Petitioner Vs.

1.Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Rep by its Managing Director, 37, Mettupalayam Road, Coimbatore-43.

2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Region, Chennimalai Road, Erode.

3. The Branch Manager, Anthiyur Branch, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Region, Anthiyur.

4.The Traffic Controller, Anthiyur Branch, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Region, Anthiyur.

5. The Inspector of Labour, under The Motor Transport Workers Act, Erode.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue appropriate Writs, Orders of Directions and in particular issue a Writ in the nature of certiorarified Mandamus after calling for the records pertaining to the order/Letter in Na.Ka.No.Aa/4801/2016, dt.03.03.2017 issued by the 5th respondent, quash the same and consequently direct the 5th respondent to take appropriate action to enforce the provisions of the Motor Transport Workers Act 1961 in the establishment of the Respondents 1 to 4 and also to initiate criminal action and prosecution against the Respondents 1 to 4 and other officials concerned as per Section 31 and 32 read with Section 34 of the Motor Transport Workers Act 1961, either by making a complaint on his own or by giving sanction in writing either to the petitioner or to any other officials in his department within a specified time as may be fixed by this Court.

For petitioner : Mr.V.Ajay Khose For Respondents : Mr.M.Murali vinoth, Standing Counsel for R1 to R4 : Mr.M.S.Prem Kumar, Government Advocate for R5

ORDER

This Writ Petition has been filed challenging the impugned order of the 5th respondent and also for certain other consequential reliefs.

2. Though, this Writ Petition has been filed seeking larger relief, when the matter is taken up, learned counsel for the petitioner submitted that liberty may be granted to the petitioner to workout his remedy in the manner known to law.

3. In view of above submission, this Court without interfering with the impugned order, grants liberty to the petitioner to work out his remedy in the manner known to law.

4. Accordingly, this Writ Petition stands disposed of with the above liberty. There shall be no order as to costs. 08.08.2023 Index : Yes / No Speaking order / Non-speaking order NHS

M.DHANDAPANI, J.

NHS 1.The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-43.

2.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Region, Chennimalai Road, Erode.

3. The Branch Manager, Anthiyur Branch, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Region, Anthiyur.

4.The Traffic Controller, Anthiyur Branch, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Region, Anthiyur.

5. The Inspector of Labour, under The Motor Transport Workers Act, Erode.

08.08.2023