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Madras High CourtWP(MD)/2392/2020disposed of

S.Pauldurai v. The Regional Transport Authority

2022-04-26Honourable Mr Justice C. Saravanan2 pages

W.P.(MD) No.2392 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.2392 of 2020 S.Pauldurai ... Petitioner /vs./ The Regional Transport Authority, Thoothukudi.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to consider and dispose of the representation dated 04.09.2018 to implement the order of State Transport Appellate Tribunal made in Appeal No.137 of 2013 dated 15.05.2014 for grant of Mini Bus permit forthwith.

For Petitioner : Mr.T.Padmanabhan For Respondent : Mr.K.S.Selva Ganesan Additional Government Pleader

ORDER

The petitioner has filed this writ petition for a Mandamus to direct the respondent to consider and dispose of the representation dated 04.09.2018 of the petitioner to implement the order of the State Transport Appellate Tribunal in A.No.137 of 2013 dated 15.05.2014 for grant of Mini Bus permit.

2.The learned Additional Government Pleader for the respondent submits that in view of the pendency of the present writ petition, no order has been passed till date on the representation of the petitioner dated 04.09.2018. It is further submitted that appropriate orders will be passed on the petitioner's representation, dated 04.09.2018, if suitable directions are given to this effect.

3.The issue pertains to the Mini Bus permit. The application for grant of Mini Bus permit was rejected by proceedings dated 05.02.2007 by the respondent. Aggrieved by the same, the petitioner preferred appeals before the State Transport Appellate Tribunal in A.Nos.125 and 126 of 2007, which also came to be allowed by remanding the case back to the respondent to pass a fresh order. However, the application was rejected once again on the ground that new comprehensive scheme for Motor Vehicle has been framed and the respondent itself has passed an order dated 06.08.2013 in proceedings R.No.34174/C1/2006.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2392 of 2020 4.Aggrieved by the aforesaid order, the petitioner once again approached the Tribunal in M.V.A.No.137 of 2013. The Tribunal, by its order dated 15.05.2014, had set aside the order dated 06.08.2013 and directed the respondent therein to pass a fresh order under the new scheme, 2011. It is submitted that despite repeated requests of the petitioner, no orders have been passed.

5.I find merits in the submission of the learned counsel for the petitioner. Considering the same, I direct the respondent to dispose of the petitioner's representation dated 04.09.2018 by implementing the order of the State Transport Appellate Tribunal, dated 15.05.2014 in M.V.A.No.137 of 2013 within a period of 6 weeks from the date of receipt of a copy of this order. 6.The writ petition stands disposed of, in terms of the above observation. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To The Regional Transport Authority, Thoothukudi.

+1 CC to M/s.T. PADMANABHAN, Advocate (SR-21542[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP ( SR-22384[F] dated 28/04/2022 ) W.P.(MD)No.2392 of 2020 26.04.2022 MK/12.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2