Rajendra Prasad S v. The Regional Transport Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2022

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and W.M.P.(MD).No.8851 of 2022 S.Rajendra Prasad ... Petitioner Vs.

1.The Regional Transport Authority, Nagercoil, Kanyakumari District.

2.The Regional Transport Officer, Nagercoil, Kanyakumari District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to permit the petitioner's mini buses to operate via Savariyor Church, Chettikulam Junction, Court Road, in Vehicle Nos.TN 74 E 7014 and TN 74 F 8636 include the route in petitioner's mini bus permit to consider the petitioner's representation dated 10.01.2022 within the period stipulated by this Court. For Petitioner : Mr.H.Velavadhas For Respondents : Mr.M.Prakash, Additional Government Pleader.

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ORDER

This Writ Petition has been filed to direct the respondents to permit the petitioner's mini buses to operate via Savariyor Church, Chettikulam Junction, Court Road, in Vehicle Nos.TN 74 E 7014 and TN 74 F 8636 including the route in petitioner's mini bus permit and to consider the petitioner's representation dated 10.01.2022 within the period stipulated by this Court.

2. It is submitted by the learned counsel for the petitioner that the petitioner was issued with mini bus permit by the Respondents in respect of mini bus bearing Registration No.TN 74 E 7014 and TN 74 F 8636, which is valid upto 04.12.2022. The petitioner submitted a representation to the Respondents on 10.01.2022 requesting to permit the petitioner's mini buses bearing Registration Nos.TN 74 E 7014 and TN 74 F 8636 to operate via Savariyor Church, Chettikulam Junction, Court Road including the route in petitioner's mini bus permit. However, till date, the Respondents have not taken any action on the representation of the Petitioner. Hence, the present Writ Petition has been filed.

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3. It is submitted by the learned Additional Government Pleader appearing for the Respondents that the representation of the Petitioner would be considered and orders passed thereon in accordance with law.

4. Heard the learned counsel appearing for either sides and perused the materials placed before this Court.

5. In view of the above submission and taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the Respondents to consider the Petitioner's representation dated 10.01.2022, on its own merits and pass appropriate orders in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order, after granting opportunity to the Petitioner and also putting all interested parties on notice. It is made clear that this Court has not expressed any view with regard to the merits of the representation and it is open to the Respondents to consider the representation on its own merits.

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6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

22.11.2022 Index : Yes / No Internet : Yes/ No Lm To 1.The Regional Transport Authority, Nagercoil, Kanyakumari District.

2.The Regional Transport Officer, Nagercoil, Kanyakumari District.

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MOHAMMED SHAFFIQ , J.

Lm and W.M.P.(MD).No.8851 of 2022 22.11.2022 5/5