T.K.Krishnasamy v. The Regional Transport Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. (MD) No. 10510 of 2020 T.K.Krishnasamy ... Petitioner Vs.
1. The Regional Transport Authority, The District Collector, Dindigul.
2. The Regional Transport Officer, Palani.
3. The Superintendent of Police, Dindigul.
4. The Deputy Superintendent of Police, Vedasandur Sub Division, Vedasandur, Dindigul District.
5. The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.
6. P.Natarajan
7. P.Bharathi ... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order of the 1st respondent vide Progs.R.No.6611/A2/2020 dated Nil. 8.2020 with reference to rejecting the request of the petitioner to revoke the transfer of stage carriage permit on the route from Ottanchatiram Bus Stand to Vedasandur from the name of the petitioner to the name of the 6th Respondent and the subsequent transfer of permit from the name of the 6th respondent to the name of the 7th Respondent and to quash the same. For Petitioners : Mr. S.Rengasamy For R1 to R5 : Mr. D.Gandhiraj Special Government Pleader For R6 and R7 : Mr. K.Anandan
ORDER
Heard Mr. S.Rengasamy, Learned Counsel for the Petitioner, Mr. D.Gandhiraj, Learned Special Government Pleader appearing for the First to Fifth Respondents and Mr. K.Anandan, Learned Counsel appearing for the Sixth and Seventh Respondents.
2.
When it was pointed out that the Petitioner has got an effective alternative remedy to challenge the Order in Progs.R.No.6611/A2/2020 dated Nil. 8.2020 passed by the First Respondent, which is impugned in this Writ 2/5
Petition, by filing appeal under Section 89 of the Motor Vehicles Act, 1988, before the State Transport Appellate Tribunal, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record.
In view of the same, the Writ Petition is dismissed as withdrawn, granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 17.09.2020, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. Consequently, connected Miscellaneous Petition is closed. No costs. 06.01.2023 Index : Yes/No Internet : Yes/No pkn Note: (i) Issue order copy by 30.01.2023 (ii) Registry is directed to return the impugned order under written acknowledgment after retaining a copy of the same for record.
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To
1. The Regional Transport Authority, The District Collector, Dindigul.
2. The Regional Transport Officer, Palani.
3. The Superintendent of Police, Dindigul.
4. The Deputy Superintendent of Police, Vedasandur Sub Division, Vedasandur, Dindigul District.
5. The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.
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P.D.AUDIKESAVALU,J.
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