Madras High CourtSUB A(MD)/102/2016disposed of

Chellam v. Mr.Chandrakant B Kamble

2016-11-01Honourable Dr. Justice S. Vimala4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2016

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA Sub A(MD) No.102 of 2016 in Cont. P(MD)No.1372 of 2016 in W.P.(MD)No.15046 of 2016 Chellam ... Petitioner/Petitioner -vs1.Mr.Chandrakant B Kamble, IAS The Secretary, Department of Transport, Government of Tamil Nadu, Fort St.George, Chennai.

2.Mr.S.H.Sajjansingh R Chavan, IAS, The District Collector, Regional Transport Authority, Kanyakumari District, Kanyakumari.

3.Mr.K.Murugan, The Regional Transport Officer, Nagercoil, 4.Mr.Balakrishnaswamy, The Managing Director, Tamil Nadu State Transport Corporation Limited, Anna Bus Stand, Nagercoil, 5.Mr.S.Jerolin Lisbon Singh, Divisional Manager Operation, The Tamil Nadu State Transport Corporation, Rantihottam, Nagercoil - 1.

6.Mr.Veludhas, Divisional Manager, The Tamil Nadu State Transport Corporation, Marthandam Branch, Marthandam, 7.Mr.S.Dinesh, Kuzhithurai Depot - II, Kuzhithurai, Kanyakumari District.

8.Mr.Velmurugan, Monday Market Depot, Monday Market, ... Respondents/Respondents Prayer: This petition has been filed under Section 151 of C.P.C. Praying to direct the respondents to release the vehicle in T.N.75 J 7065 detained by the respondents forthwith, pending disposal of the Contempt Petition.

Prayer in CONT P(MD). 1372/ 2016 : Petition filed under Section 11 of Contempt of Courts Act 1971, praying that this Hon'ble Court may be pleased to punish the respondents herein for the deliberate and wilful disobedience in implementation of the order made by this court in WMP(MD).No.15046/2016 in W.P.(MD). No.11091/2016 dated 16.08.2016.

Prayer in WMP(MD). 11091/ 2016 : To grant Ad-Interim Injunction restraining the 4th respondent or any official thereof from intercepting, inspecting or in any other way interfering into the petitioner's right to operate in the permitted routes, pending disposal of the above Writ Petition.

Prayer in WP(MD). 15046/ 2016 : Petition praying that in the circumstances stated therein and in the affidavit filed therwith the High Court will be pleased to issue a Writ of Mandamus to direct the respondents 1 to 3 forbear the 4th respondent or any of the officials thereof from interfering in to the petitioner's right to operate Mini Buses owned by him in Marthandam, For Petitioner :

Mr.M.Mahaboob Athiff For R1 to R3 :

Mr.A.Muthukaruppan Additional Government Pleader For R4 to R8 :

Mr.K.Sathiyasingh

O R D E R

The main writ petition has been filed seeking direction to the respondents 1 to 3 to forbear the fourth respondent or any of the officials thereof from interfering in to the petitioner's right to operate Mini Buses owned by him in Marthandam, 2.Pending disposal of the main writ petition, now the Sub Application has been filed seeking direction to the respondents to release the vehicle bearing registration No.T.N.75 J 7065, which is detained by the respondents.

3.Already this Court has granted an interim order in WMP(MD) No.11091 of 2016 in W.P.(MD)No.15046 of 2016 injuncting the fourth respondent from intercepting, inspecting or in any other way interfering into the petitioner's right to operate the Mini Buses in the permitted routes.

4.It is alleged that despite the interim order granted by this Court, the Mini bus belonging to the petitioner has been detained by the respondents.

5.The learned counsel for the petitioner would submit that the petitioner is willing to abide by any of the conditions to be imposed for the release of the vehicle, as it is claimed to be the only livelihood available to the petitioner. 6.The learned counsel for the respondents would insist upon the conditions to be imposed.

7.Under such circumstances, the vehicle bearing registration No.T.N.75 J 7065 is ordered to be released subject to condition that the petitioner shall not violate the permit conditions with reference to the routes and in case of violation, it is open to the respondents to take legal action in accordance with law. 8.This petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:

1.Mr.Chandrakant B Kamble, IAS The Secretary, Department of Transport, Government of Tamil Nadu, Fort St.George, Chennai.

2.Mr.S.H.Sajjansingh R Chavan, IAS, The District Collector, Regional Transport Authority, Kanyakumari District, Kanyakumari.

3.Mr.K.Murugan, The Regional Transport Officer, Nagercoil, 4.Mr.Balakrishnaswamy, The Managing Director, Tamil Nadu State Transport Corporation Limited, Anna Bus Stand, Nagercoil,

5.Mr.S.Jerolin Lisbon Singh, Divisional Manager Operation, The Tamil Nadu State Transport Corporation, Rantihottam, Nagercoil - 1.

6.Mr.Veludhas, Divisional Manager, The Tamil Nadu State Transport Corporation, Marthandam Branch, Marthandam, 7.Mr.S.Dinesh, Kuzhithurai Depot - II, Kuzhithurai, Kanyakumari District.

8.Mr.Velmurugan, Monday Market Depot, Monday Market, Kanyakumari District.

Sub A(MD) No.102 of 2016 in Cont. P(MD)No.1372 of 2016 in W.P.(MD)No.15046 of 2016 01.11.2016 rj2 anr/km/22.12.2016/4p/9c