R. Nagarajan v. The Deputy Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE SUNDER MOHAN and M.P(MD)No.1 of 2012 R.Nagarajan ... Petitioner/Appellant .Vs.

1.The Deputy Commissioner, Transport Department, Prattiyur Post, Trichy.

2.The Regional Transport Officer, Srirangam Office, Check post, Thiruvanaikovil, Trichy.

3.Mr.A.Pandiyan, Regional Transport Officer, Srirangam office, Check Post, Thiruvanaikovil, Trichy.

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4.The Motor Vehicle Inspector Grade-I, Unit Office, Kulithalai, Karur District.

... Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order passed in W.P(MD)No.11131 of 2012, dated 13.08.2012 and allow the writ appeal.

For Appellant : Mr.A.C.Asaithambi For R1,R2 & R4 : Mr.D.Sasikumar Additional Government Pleader For R3 : No appearance

JUDGMENT

DR.G.JAYACHANDRAN,J.

AND SUNDER MOHAN,J.

The writ appeal is filed being aggrieved by the order of dismissal by the learned Single Judge who upheld the order of the Deputy Commissioner, Transport Corporation suspending the driving school licence of the appellant for 30 days in view of specific violation of the licence conditions.

2. The learned Single Judge has dismissed the writ petition on the ground that as per the Motor Vehicle Act there is a statutory appellate remedy before the 2/5

Assistant Commissioner of Transport while without exploring the statutory appellate remedy, writ petition has been filed, hence, the writ petition dismissed. Challenging the said order, the appeal filed.

3. The learned Additional Government Pleader appearing for the respondents 1,2 & 4 submits that the impugned order has been given effect to, nothing survives in this writ appeal.

4. In the counter filed by the Regional Transport Officer, it is stated that the driving school licence of the appellant is kept under suspension from 02.08.2012 to 31.08.2012.

5. Recording the same, the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [G.J.,J.] [S.M.,J.] 06.12.2022 Index : Yes / No Internet : Yes / No am 3/5

To 1.The Deputy Commissioner, Transport Department, Prattiyur Post, Trichy.

2.The Regional Transport Officer, Srirangam Office, Check post, Thiruvanaikovil, Trichy.

3.The Motor Vehicle Inspector Grade-I, Unit Office, Kulithalai, Karur District.

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DR.G.JAYACHANDRAN, J.

and SUNDER MOHAN,J.

am JUDGMENT MADE IN 06.12.2022 5/5