K.Ayyanar v. The Licensing Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH K.Ayyanar ... Petitioner -vs1.The Licensing Authority, The Regional Transport Office, Melur, Madurai District.

2.The Inspector of Police, Melur Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to issue the badge license to the petitioner based on his application dated 11.12.2024, in accordance with law, within time limit as stipulated by this Court. For Petitioner : Mr.S.Saravana Kumar For R1 : Mr.J.K.Jayaselan Government Advocate For R2 : Mr.K.Gnanasekaran Government Advocate (Criminal side)

ORDER

This Writ Petition has been filed seeking a direction to the first respondent to issue the badge license to the petitioner, based on his application dated 11.12.2024, in accordance with law.

2. With the consent of both sides, this Writ Petition is disposed of, at the admission stage itself.

3. The petitioner claims that he holds a driving license for a light-weight motor vehicle, which is set to expire on 01.05.2039. He applied for a badge license on 11.12.2024 before the first respondent. However, even after the lapse of more than 60 days, the first respondent has not issued the badge license to the petitioner due to the pendency of a criminal case against him in Crime No.587 of 2021, on the file of the second respondent Police, for the offences under Sections 147, 148, 448, 294(b), 324, and 506(ii) of the I.P.C. Hence, the present writ petition.

4. Heard both sides.

5. Considering the facts and circumstances of the case, there shall be a direction to the first respondent herein to consider the petitioner's application, dated 11.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 25.02.2025 Index : Yes / No smn2 To:- 1.The Licensing Authority, The Regional Transport Office, Melur, Madurai District.

2.The Inspector of Police, Melur Police Station, Madurai District.

VIVEK KUMAR SINGH , J.

smn2 25.02.2025