Madras High CourtWP(MD)/8122/2018disposed of

K.Chandrasekaran v. The Deputy Transport

2018-04-17Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.8122 of 2018 K.Chandrasekaran ... Petitioner Vs.

1. The Deputy Transport Commissioner, Prattiyur, Trichy.

2. The Regional Transport Officer, Prattiyur, Trichy.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus to direct the second respondent to consider the representation of the petitioner dated 15.03.2018 and renew the yearly Road Tax, Fitness Certificate and Permit Tax within the time frame that may be fixed by this Court.

For Petitioner : Mr.T.Elango For Respondents : Mr.B.Bhagavathi Government Advocate

ORDER

The petitioner is the owner of a tourist taxi and for involvement in a prohibition and excise offence, a criminal case was filed against him and the Registration Certificate of the vehicle was seized and then, produced before the learned Judicial Magistrate No.VI, Trichy. On an application, the vehicle was released and the petitioner is continuously plying the vehicle. Since he has to renew the Fitness Certificate and Permit, he made an application to the learned Judicial Magistrate concerned and got the Registration Certificate returned to him for a period of fifteen days. In spite of production of the Registration Certificate, the second respondent has not taken any action in renewing the Fitness Certificate and the tourist Permit and thereby, precluded the petitioner from paying the road tax and insurance. Aggrieved over the inaction of the second respondent, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Counsel for the petitioner would submit that the learned Judicial Magistrate has returned the Registration Certificate for the purpose of renewal of Fitness Certificate and Permit within a period of fifteen days. Unless the authorities take action within fifteen days, he will be deprived of eking out his livelihood by operating the tourist taxi.

3. Considering the submissions, a direction is issued to the second respondent to consider the representation of the petitioner dated 15.03.2018 and pass orders on merits and also take appropriate action on production of Registration Certificate of the vehicle in accordance with law within the time granted by the learned Judicial Magistrate No.VI, Trichy.

4. In fine, this writ petition is disposed of as above. No costs.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.VI, Trichy.

2. The Deputy Transport Commissioner, Prattiyur, Trichy.

3. The Regional Transport Officer, Prattiyur, Trichy.

+ 1 CC TO Mr.T.ELANGO, ADVOCATE IN SR No. 62243 RSB TE/SV-MMS/SAR-4 : 20/04/2018 : 2P/5C W.P(MD)No.8122 of 2018 17.04.2018 https://hcservices.ecourts.gov.in/hcservices/