K.Sridharan v. Transport Commissioner Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU K.Sridharan ... Petitioner -vs1. The Transport Commissioner cum Additional Secretary, Transport Department, Government of Puducherry, No. 100 Feet Rod, Mudaliarpet, Puducherry.

2. The Regional Transport Officer, Transport Department, Government of Puducherry, No. 100 Feet Rod, Mudaliarpet, Puducherry.

3. R.M.Financier, Represented by its Proprietor S.Rajesh Jain, No. 41, Carpenter Street, Nellithope, Puducherry.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Second Respondents to issue Certificate of fitness for the vehicles bearing Registration No. PY 01 AQ 0223 and PY 01 U 1126 after inspection as per law without insisting upon the production of the original Registration Certificates of the said two vehicles.

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For Petitioner :

Mr. J.Suresh For Respondents :

Mr. M.Nirmal Kumar, Government Advocate (Puducherry)

O R D E R

Heard Mr. J.Suresh, Learned Counsel for the Petitioner and Mr. M.Nirmal Kumar, Learned Government Advocate (Puducherry), who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the First and Second Respondents to issue Certificate of Fitness for the vehicles bearing Registration No. PY-01-AQ-0223 and PY-01-U-1126 after inspection in accordance with law without insisting upon the production of its original Registration Certificates.

3.

Learned Government Advocate appearing for the Respondents, on instructions, states that application for renewal would have to be made only online, but there is nothing to show that the Petitioner has made such application.

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4.

In such circumstances, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to resort to the aforesaid prescribed procedure and he has made an endorsement to that effect in the court record. In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. No costs.

08.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 06.03.2024.

vjt To

1. The Transport Commissioner cum Additional Secretary, Transport Department, Government of Puducherry, No. 100 Feet Rod, Mudaliarpet, Puducherry.

2. The Regional Transport Officer, Transport Department, Government of Puducherry, No. 100 Feet Rod, Mudaliarpet, Puducherry.

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P.D. AUDIKESAVALU, J.

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