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Madras High CourtWP(MD)/4685/2020disposed of

S.Kaliyaperumal v. The Regional Transport Authority

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

W.P.(MD) No.4685 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.4685 of 2020 S.Kaliyaperumal ... Petitioner /vs./ 1.The Regional Transport Authority, Thanjavur.

2.The Secretary, Regional Transport Authority, Thanjavur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent herein to permit the petitioner vehicle in the deviated route forthwith petitioner representation dated 22.11.2019. For Petitioner : Mr.T.Padmanabhan For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

The petitioner has filed this writ petition for a Mandamus to direct the 1st respondent to permit the petitioner's vehicle in the deviated route, by considering the petitioner's representation dated 22.11.2019.

2.The facts on record seem to indicate that the petitioner is a Stage Carriage Operator on the route between Thirumazhapadi to Elavanur (Via) Thiruvaiyaru, Thanjavur, Needamangalam, Mannargudi and Thirumakkttai. It is submitted that the vehicle was transferred in the name of the petitioner in 2018 and thereafter, the petitioner has operated the stage carriage in accordance with the permission granted in the manner known to law.

3.It is submitted that in the year 1996, permit holder was granted variation in concurrence with Act 19 of 1996 by the 1st respondent in respect of the petitioner's vehicle operated on deviated route. However, the same was later cancelled, though the similar operators, who were granted variations, operated their vehicle in the deviated route, which was permitted by the 1st respondent herein. It is further submitted that since the similar operators and the existing permit holders operated in the route, the petitioner sent a representation to the respondents, which has not evoked any response.

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W.P.(MD) No.4685 of 2020 4.The learned Additional Government Pleader for the respondents submits that appropriate orders will be passed on the representation of the petitioner by the 1st respondent within a period of 6 weeks. 5.Recording the submission of the learned Additional Government Pleader, the writ petition stands disposed of, by directing the 1st respondent to consider and pass appropriate orders on the representation of the petitioner dated 22.11.2019 on merits and in accordance with law, within a period of 6 weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Regional Transport Authority, Thanjavur.

2.The Secretary, Regional Transport Authority, Thanjavur.

+1 CC to M/s.T.PADMANABHAN, Advocate (SR-21543[F] dated 27/04/2022) +1 CC to M/s.SPL.GP. ( SR-21863[F] dated 27/04/2022 ) W.P.(MD)No.4685 of 2020 26.04.2022 RS (25.05.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2