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Madras High CourtWP(MD)/17061/2016disposed of

A.Nagalingam, v. The Regional Transport

2016-09-08Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.17061 of 2016 and W.M.P(MD)No.12367 of 2016 A.Nagalingam : Petitioner Vs.

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

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

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to renew the license bearing No.ACL:001/TN74/2015 R.No.35256/C2/2015 issued under Rule 234(2) of The Tamil Nadu Motor Vehicle Rules for a period from 18.09.2016 to 17.09.2017 by considering the application of the petitioner dated 03.08.2016.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.T.Sivaraman Standing Counsel.

O R D E R

This writ petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to renew the license bearing No.ACL:001/TN74/2015 R.No.35256/C2/2015 issued under Rule 234(2) of The Tamil Nadu Motor Vehicle Rules for a period from 18.09.2016 to 17.09.2017, by considering the application of the petitioner, dated 03.08.2016.

2.Mr.T.Sivaraman, learned Standing Counsel, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. 4.The petitioner is in charge of 'Nanthu Travels'. The petitioner submitted an application for an issuance of agent or canvasser in respect of public service vehicles within the district of Kanniyakumari under Rule 234(2) of the Tamil Nadu Motor Vehicle Rules and he paid prescribed fee. The first https://hcservices.ecourts.gov.in/hcservices/

respondent issued a license to the petitioner bearing No.ACL:001/TN74/2015 R.No.35256/C2/2015 for the period from 18.09.2015 to 17.09.2016 and the said period expires on 17.09.2016. Therefore, the petitioner submitted an application for renewal of the said license for the period from 18.09.2016 to 19.09.2017 and the same has been submitted on 03.08.2016 along with the prescribed fee of Rs.125/-. But, no orders have been passed by the first respondent so far. Therefore, the petitioner has come forward with the present writ petition, seeking a direction to the respondents to renew the license. 5.It is brought to the notice of this Court that the license period expires by 17.09.2016.

6.The learned Standing Counsel for the respondents submitted that it is agreeable for the respondents to consider the application of the petitioner, in the light of the legal provisions and to pass appropriate orders on or before 17.09.2016. 7.Recording the submission made by the learned Standing Counsel for the respondents, the first respondent is directed to consider the application of the petitioner dated 03.08.2016 and pass orders on merits and in accordance with law, on or before 17.09.2016.

8.With the above direction, this writ petition is dispose of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/ Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

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

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

+3CC to M/S.S.C.Herold Singh, Advocate, SR.No. 51102 +1CC to the Special Government Pleader, SR.No. 51497 ORDER MADE IN W.P(MD)No.17061 of 2016 and W.M.P(MD)No.12367 of 2016 smn AM/AAL.MPA/SAR-III/12.09.2016/2P/7C (IT) https://hcservices.ecourts.gov.in/hcservices/