M.Rajamohammed, v. The District Collector Cum

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.19789 of 2015 M.Rajamohammed ... Petitioner Vs.

1. The District Collector Cum Regional Transport Authority, Sivagangai, Sivagangai District.

2. The Regional Transport Officer, Sivagangai, Sivagangai District.

... Respondents Prayer:Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus direction in the nature of the Writ, directing the Respondents permit the Petitioner's mini bus bearing Registration No. TN 65AV 0781 to enter into the Karidudi Bus Stand to Puliyankudiyirappu as per Transport Commissioner's Circular in R.No.90919/E2/2000 dated 29.11.2000. For Petitioner : Mr.T.Padmanaban For Respondents : Mr.C.Selvaraj, Special Government Pleader.

ORDER

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus directing the respondents permit the petitioner's mini bus bearing Registration No. TN 65AV 0781 to enter into the Karidudi Bus Stand to Puliyankudiyirappu as per Transport Commissioner's Circular dated 29.11.2000. 2.The learned counsel appearing for the petitioner would submit that the petitioner would be satisfied, if a direction is issued to the first respondent to consider his representation dated 08.07.2015 in the light of the Transport Commissioner's circular in R.No.90919/E2/2000 dated 29.11.2000, in accordance with law within a stipulated time frame that may be fixed by this Court.

https://hcservices.ecourts.gov.in/hcservices/ 3.Having regard to the limited scope of the prayer now sought for before this Court by the learned counsel for the

petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to pass the following direction:

(a). The first respondent is directed to consider the petitioner's representation dated 08.07.2015, in the light of circular issued by the Transport Commissioner in R.No.90919/E2/2000, dated 29.11.2000, and the earlier order passed in W.P.(MD) No.12257 of 2011, dated 29.10.2011 (in the case of R.Bharathi v. Regional Transport Authority, Dindigul) after giving sufficient opportunity to submit the necessary documents and pass order on the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition is disposed of. No Costs.

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

1. The District Collector Cum Regional Transport Authority, Sivagangai, Sivagangai District.

2. The Regional Transport Officer, Sivagangai, Sivagangai District.

+1 cc to Special Government Pleader, SR.No.51238 +1 cc to Mr.T.Padmanabhan, Advocate, SR.No. 50561 W.P.(MD) No.19789 of 2015 06.04.2017 cmr/gsp MKV-SKN-SAR 3/11.4.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/