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Madras High CourtWP(MD)/7258/2019disposed of

S.Pauldurai, S/O.Subbiah v. The Regional Transport

2019-04-15Honourable Mr Justice Abdul Quddhose2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD).No.7258 of 2019 and W.M.P.(MD).No.5806 of 2019 S.Pauldurai ... Petitioner -vsThe Regional Transport Authority cum District Collector, O/o District Collector, Tirunelveli.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent herein permit the petitioners Mini Stage Carriage TN 72 N 0129 to ply up to Nanguneri Bus Stand forthwith petitioner's representation dated 09.03.2019.

For Petitioner : Mr.T.Padmanabhan For Respondent : Mr.N.Shanmugaselvam, Additional Government Pleader

O R D E R

The instant writ petition has been filed for a Mandamus to direct the respondent to permit the petitioner's Mini Stage Carriage TN 72 N 0129 to ply up to Nanguneri Bus Stand forthwith the petitioner's representation dated 09.03.2019.

2. It is the case of the petitioner that he is a holder of a Mini Stage Carriage permit for plying his mini bus bearing Reg No.TN 72 N 0129 in the route from Moolakaraipatti to South Singaneri (via) Kallathi, Unnankulam and Singaneri. It is his case that the road leading to South Singuneri has now become un-operational due to its muddy condition. He has given a representation dated 09.03.2019 to the respondent requesting him to permit operation of him to operate his vehicle upto Nanguneri bus stand since he is unable to ply his vehicle upto South Singuneri. Even though a representation was given as early as on 09.03.2019, till date, the respondent has not considered the same.

3. Heard Mr.T.Padmanabhan, learned counsel for the petitioner and Mr.N.Shanmugaselvam, learned Additional Government Pleader appearing for the respondent.

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4. In view of the above facts and circumstances, this Court is of the considered view that the representation dated 09.03.2019 submitted by the petitioner will have to be considered and disposed of by the respondent on merits and in accordance with law. In the result, the respondent is directed to dispose of the petitioner's representation dated 09.03.2019 seeking permission of the respondent to permit the petitioner's mini stage carriage bearing Registration No.TN 72 N 0129 to ply the vehicle upto Nanguneri bus stand within a period of four (04) weeks from the date of receipt of a copy of this order on merits and in accordance with law after granting adequate opportunity to the petitioner to put forward his case.

5. With the aforesaid directions, the Writ Petition is disposed of. No costs. Consequently, connected W.M.P.(MD).No.5806 of 2019 is closed.

Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar(CS ) To The Regional Transport Authority cum District Collector, O/o District Collector, Tirunelveli.

+1 CC to M/s.T.PADMANABHAN, Advocate ( SR-61112[F] dated 15/04/2019 ) +1 CC to M/s.SPL GP ( SR-61538[F] dated 22/04/2019 ) Order made in W.P.(MD).No.7258 of 2019 15.04.2019 CS: 13/05/2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/