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Madras High CourtWP(MD)/6111/2024dismissed

S.Manimekalai v. The Transport Commissioner

2024-11-19Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Twenty First day of February Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE K.KUMARESH BABU WP(MD) No.6111 of 2024 S.MANIMEKALAI ... PETITIONER Vs 1 THE TRANSPORT COMMISSIONER COMMISSIONERATE OF TRANSPORT AND ROAD SAFETY, CHEPAUK, CHENNAI - 5.

2 THE REGIONAL TRANSPORT AUTHORITY, TRICHY DISTRICT, TRICHY 3 THE SECRETARY / THE REGIONAL TRANSPORT OFFICER, TRICHY (WEST), TRICHY.

4 THE STATE TRANSPORT APPELLATE TRIBUNAL, HIGH COURT CAMPUS, CHENNAI - 104.

... RESPONDENTS Prayer:Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, call for the records pertaining to the impugned order of the 2nd respondent dated 21.02.2024 in proceedings No.13542/A2/2019 and quash the same as illegal and consequently direct the 2nd respondent to issue permit to the petitioner. 1/4

ORDER : This Writ petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of J.ANANDKUMAR, Advocate for the petitioner and of Mr.J.K.Jeyaseelan, Government Advocate on behalf of the Respondents, this court made the following order:- This Court while disposing of the Writ Petition had granted liberty to the petitioner to file an appeal as provided under law by applying Section 14 of the Limitation Act, and had also directed exclusion of the period of pendency of the Writ Petition from the date of filing till the date of order. 2.It is the case of the petitioner that the copy of the order had been only dispatched in January 2025 and therefore, even the exclusion of the said time period, the petitioner could not be able to prefer the appeal within the time line. Therefore, he seeks extension of the time line for filing appeal. If the petitioner filed the appeal on or before 29.03.2025, the same shall be taken on record by the Appellate Authority without insisting the question of delay. 2/4

Registry is directed to issue order copy by 28.02.2025. The original impugned order shall also be returned by the Registry. Sd/- Assistant Registrar(CO) // True Copy // /02/2025 Sub Assistant Registrar (CS - I/ II / III /IV) TO 1 THE TRANSPORT COMMISSIONER COMMISSIONERATE OF TRANSPORT AND ROAD SAFETY, CHEPAUK, CHENNAI - 5.

2 THE REGIONAL TRANSPORT AUTHORITY, TRICHY DISTRICT, TRICHY 3 THE SECRETARY / THE REGIONAL TRANSPORT OFFICER, TRICHY (WEST), TRICHY.

4 THE STATE TRANSPORT APPELLATE TRIBUNAL, HIGH COURT CAMPUS, CHENNAI - 104.

COPY TO:

THE SECTION OFFICER, ER SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

(To return the Original impugned order) 3/4

+1. C.C. to J.ANANDKUMAR Advocate SR.No.11217

ORDER

IN WP(MD) No.6111 of 2024 Date :21/02/2025 MK/28.02.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4