V.Marimuthu v. The Secretary(Home)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 29173 to 29175 of 2018 V.Marimuthu ... Petitioner -vs1. The Secretary (Home) Transport Department State Government of Tamilnadu Fort St. George Chennai - 600 009.

2. The Transport Commissioner State Transport Authority Chepauk Chennai - 600 005.

3. The Licensing Authority - cum- Regional Transport Officer Pollachi.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records of the impugned order of the First Respondent in G.O. Ms. No. 697, Home (Transport 5) Department dated 05.08.2010 and the consequential order of the Second Respondent in R. No. 22370/H1/2008 (Circular No. 15 of 2015) dated 17.06.2015 and to quash the same insofar as the Petitioner's driving school concerned.

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For Petitioner :

No appearance For Respondents :

Mr. Yogesh Kannadasan, Special Government Pleader

O R D E R

Heard Mr. Yogesh Kannadasan, Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

There is no representation for the Petitioner when the matter is called at 11.46 a.m. today.

3.

The Writ Petition has been filed challenging the G.O. Ms. No. 697, Home (Transport-5) Department dated 05.08.2010 issued by the First Respondent and an Order in R. No. 22370/H1/2008, dated 17.06.2015 passed by the Second Respondent insofar as it relates to the driving school of the Petitioner in this case. 4.

It has been brought to notice that after the filing of the Writ Petition, the impugned orders have been modified by G.O. Ms. No. 215, Home (Transport-5) Department dated 05.05.2022 issued by the First Respondent, in 2/5

furtherance to the order dated 15.09.2015 in W.P. No. 19362 of 2015 etc., batch passed by this Court and it has been decided to allow the Heavy Vehicles Driving School to conduct one day refresher training to the Heavy Vehicles Driver so as to issue Certificates to them for renewal of their licences and its copy has been produced. In such circumstances, nothing remains for further consideration in the Writ Petition.

5.

In fine, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 29.11.2022 Maya Index: Yes/No Note: Issue order copy by 13.12.2022.

To

1. The Secretary (Home) Transport Department State Government of Tamilnadu Fort St. George Chennai - 600 009.

2. The Transport Commissioner State Transport Authority Chepauk Chennai - 600 005.

3. The Licensing Authority - cum- Regional Transport Officer 3/5

Pollachi.

Copy to V.Marimuthu, Proprietor - Muthuraj Motor Driving School, No. 278/2, Main Road, Kinathukadavu, Pollachi - 642 109.

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P.D. AUDIKESAVALU, J.

Maya 29.11.2022 5/5