Madras High CourtWP(MD)/17062/2016disposed of

S.Thangaselvi, 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.17062 of 2016 S.Thangaselvi : 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 grant license under Rule 234(2) of The Tamil Nadu Motor Vehicle Rules to act as an agent or canvasser in respect of public service vehicles by issuing tickets to the passengers within the District of Kanyakumari by considering the application of petitioner dated 08.07.2016. 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 grant license to the petitioner under Rule 234(2) of The Tamil Nadu Motor Vehicle Rules to act as an agent or canvasser in respect of public service vehicles by issuing tickets to the passengers within the District of Kanyakumari, by considering the application of petitioner, dated 08.07.2016.

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 'Ohm Shanthi Tours and Travels'. The petitioner submitted an application for issuance of an agent or canvasser license in respect of public service https://hcservices.ecourts.gov.in/hcservices/

vehicles as prescribed under Rule 234(2) of The Tamil Nadu Motor Vehicle Rules.

This application has been submitted on 08.07.2016.

5.When the application was submitted, the Regional Transport Authority, Nagercoil returned the application without giving any reason. Therefore, the petitioner resubmitted the application on 18.08.2016. The Regional Transport Authority is not taking any action and they are simply postponing the passing of the order. Hence, the petitioner has come forward with the present writ petition, seeking a direction to the respondents to grant license under Rule 234(2) of the Tamil Nadu Motor Vehicle Rules. 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 within a period of two weeks.

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 08.07.2016 and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. 8.With the above direction, this writ petition is dispose of. No costs.

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.

+1cc to M/S.S.C.HEROLD SINGH, Advocate in SR.No.51102 +1cc to Special Government Pleader in SR.No.51503 ORDER MADE IN W.P(MD)No.17062 of 2016 08.09.2016 smn PA/AAL-MPA/SAR III/12.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/