A.Sivakumar, v. The Regional Transport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos.15576 to 15578 of 2017 A.Sivakumar ... Petitioner in W.P.(MD)Nos.15576 & 15577 of 2017 R.Shanthi ... Petitioner in W.P.(MD)Nos.15578 of 2017 Vs.

The Regional Transport Officer Cum Registering Authority, Dindigul.

... Respondent in all Writ Petitions Prayer in W.P.(MD).No.15576 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent herein to consider and dispose of the representation dated 28.07.2017 of the petitioner herein consequently register the Maxi Cab Eicher 10.50 vehicle and issue permit forthwith.

Prayer in W.P.(MD).No.15577 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent herein to consider and dispose of the representation dated 28.07.2017 of the petitioner herein consequently register the Maxi Cab TATA SFC 407/31, vehicle and issue permit forthwith.

Prayer in W.P.(MD).No.15578 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent herein to consider and dispose of the representation dated 28.07.2017 of the petitioner herein consequently register the Maxi Cab TATA SFC 407 BS III, vehicle and issue permit forthwith.

For Petitioners : Mr.T.Padmanabhan in all writ petitions For Respondent : Mr.D.Muruganantham Additional Government Pleader in all writ petitions COMMON ORDER By consent of both sides, these writ petition themselves are taken up for final disposal at the stage of admission itself.

2. Heard the learned counsel for the petitioners and the learned Additional Government Pleader, who takes notice for the respondent.

3. The petitioners have purchased Maxi Cab Eicher vehicles using loan amount and thereupon, they have applied before the respondent on 10.09.2016 for grant of Maxi Cab permit to ply the same in this State. The Regional Transport Officer cum Registering Authority, Dindigul also issued a proceeding dated Nil.09.2016 in R.Nos.52746/B1/2016, 56219/E1/2016 and 31262/B1/2016 respectively asking the petitioners to produce (a). Registration Certificate (b) Insurance Certificate (c). Fitness Certificate and (d). Tax Receipt for the current year within a period of three months from the date of receipt of a copy of the said proceeding. In response to the same, the petitioners have also produced the said documents with a request to grant permit to the Maxi Cab Eicher vehicles to ply within the State. However, till date, no order has been passed.

4. It is not known why the Regional Transport Officer/Registering Authority, Dindigul, is sleeping over the matter, when a proceeding was issued asking the petitioners to produce some of the documents and the petitioner had also submitted all those documents, he should have immediately responded to the petitioners' request.

5. The Additional Government Pleader appearing for the respondent also sought for sufficient time.

6. The learned counsel for the petitioners made request to this Court that the petitioners may be given a personal hearing, if it is so required, while considering their representations.

7. In view of the above, this Court finds no impediment to direct the Regional Transport Officer/Registering Authority, to consider the request of the petitioners and pass appropriate orders based on their representations dated 28.07.2017. Accordingly, considering the pendency of this matter for a long

time, since 10.09.2016, the Regional Transport Officer/Registering authority of Dindigul is directed to provide personal hearing to the petitioner and complete the said exercise within a period of two weeks from the date of receipt of a copy of this order.

8. With the above direction, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To The Regional Transport Officer Cum Registering Authority, Dindigul.

+3cc to M/S. T.PADMANABHAN, Advocate, SR.No.73359. +1cc to Special Government Pleader, SR.No.74228. W.P.(MD)Nos.15576 to 15578 of 2017 21.08.2017 ls/RR SDS/RSK/SAR 2/13.09.2017/2P/6C