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Madras High CourtCRP(MD)/2600/2023disposed of

Dr.A.Sivagurnathan, v. The Regional Transport Authority

2024-03-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).Nos.13559 and 13560 of 2023 Dr.A.Sivagurnathan ... Petitioner/Petitioner Vs.

1.The Regional Transport Authority, The District Collector, Madurai District, Madurai.

2.The Secretary, Regional Transport Authority, Madurai (North), Madurai.

3.The Regional Transport Officer, Madurai North K.Pudhur, Madurai.

... Respondents/Respondents PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records pertaining to the order passed by the learned Transport Appellate Tribunal, Chennai, in M.V.Appeal No.96 of 2017, dated 25.09.2019 and set aside the same. For Petitioner : Mr.A.S.Krishnan For Respondents : Mr.J.Ashok for R1 to R3 Additional Government Pleader 1/4

ORDER

This revision petition has been filed to set aside the order passed by the learned Transport Appellate Tribunal, Chennai, in M.V.Appeal No.96 of 2017, dated 25.09.2019.

2.The revision petitioner was granted Goods Carriage permit in respect of his vehicle bearing Registration No.TN59 BH 4035 for a period of five years up to 30.09.2020. But without any permission, he converted, the Goods Carriage as Mobile Clinic by making some alterations. Hence, show cause notice was issued to him. On the basis of the report submitted by the Motor Vehicles Inspector, the permit was cancelled. Against which, he filed Motor Vehicles Appeal No.96 of 2017. That came to be dismissed by the Tribunal. Against which, this revision has been preferred.

3.The learned counsel for the revision petitioner would submit that after the order passed by the respondent herein, the vehicle was restored to its original position.

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4.Since the vehicle has been restored to its original position, without going into the merits of the case, there shall be liberty to the petitioner to give a fresh representation to the concerned Authority to issue permit. On receipt of such representation, it shall be considered by the concerned Authority on its own merits.

5.With the above said liberty, the petition stands disposed of without going into the merits of the case. No costs. Consequently, connected miscellaneous petitions are closed. 19.03.2024 Index :

Yes / No Internet :

Yes / No TM To 1.The Judge, Labour Court, Chennai. (State Transport Appellate Tribunal) 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 19.03.2024 4/4