Sundaram.M v. The Regional Transport Authority

WP(MD). No.9903 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Monday, the Twenty Sixth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice P.D.AUDIKESAVALU WP(MD). No.9903 of 2021 Sundaram.M ... Petitioner Vs 1 The Regional Transport Authority, O/o. the Regional Transport Authority, Srirangam Region Trichy.

2 The Regional Transport Officer, Srirangam Trichy District.

Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus, praying this Court to call for the records relating to the impugned order passed by the 1st respondent vide R.No.21460/B1/2009 dated 25.01.2020 and quash the same and consequently directing the 1st respondent to renew the Transport Permit No.4/TRY/1999 in respect of Stage Carriage Mini Bus for the Route from Uppiliyapuram to Periyasamy Kovil via Kottapalayam and B. Mettur in Trichy District for three Spell period from 20.03.2009 to 19.03.2024. ORDER:- This Petition coming under the caption "Being the Mentioned" on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.

Shanmugaraja Sethupathi, Advocate for the Petitioner and of Mr.P.Thilakkumar, Counsel on behalf of the Government of Tamil Nadu For the Respondents, this Court made the following order: The matter is listed under the caption 'for being mentioned' on receipt of letter dated 13.07.2021 from the Learned Counsel for the Petitioner.

2.

The Writ Petition has been disposed by order dated 09.06.2021 at the time of admission permitting the Petitioner to withdraw the Writ Petition with liberty to file appal challenging the impugned order under Section 86 of the Motor Vehicles Act, 1988, before the concerned authority and claim exemption from limitation in terms of the orders passed by the Hon'ble Supreme Court of India, during COVID pandemic. It is represented by the Learned Counsel for the Petitioner that the original copy of the impugned order had been https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD). No.9903 of 2021 filed along with the Writ Petition and in the absence of any order for its return, the Petitioner is not able to file such appeal and seeks necessary orders in that regard.

3.

The Registry is directed to immediately return the original copy of the impugned order to the Learned Counsel for the Petitioner under written acknowledgement. It is also made clear that for the purpose of reckoning limitation for filing such appeal, the period from the date of filing of this Writ Petition i.e., 03.06.2021 till the date on which the order passed today is made ready by the Registry shall be excluded.

Sd/- Assistant Registrar(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1 The Regional Transport Authority, O/o. the Regional Transport Authority, Srirangam Region Trichy.

2 The Regional Transport Officer, Srirangam Trichy District.

Copy to:

The Section Officer, E.R. Section, Madurai Bench of Madras High Court, Madurai (return the original copy of the impugned order to the Learned Counsel for the Petitioner under written acknowledgment) +1 CC to Mr.D.SHANMUGARAJA SETHUPATHI, Advocate SR.No. 24133 ORDER DATED : 26/07/2021 ========================== Direction on Being Mentioned ========================== WP(MD). No.9903 of 2021 Giving direction and etc.

as stated within.

SGS(CO) TR(02.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2