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Madras High CourtWP(MD)/17063/2016disposed of

S.F.Joseph, 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.17063 of 2016 and W.M.P(MD)No.12368 of 2016 S.F.Joseph : 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/TN74/2008 R.No.15286/C2/08 issued under Rule 234(2) of The Tamil Nadu Motor Vehicle Rules for further period by considering the application of the petitioner dated 20.04.2016. 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/TN74/2008 R.No.15286/C2/08 issued under Rule 234(2) of The Tamil Nadu Motor Vehicle Rules for further period, by considering the application of the petitioner dated 20.04.2016.

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 'Maria Travels'. The petitioner submitted an application for issuance of an agent or canvasser in respect of public service vehicles within the https://hcservices.ecourts.gov.in/hcservices/

district of Kanniyakumari under Rule 234(2) of the Tamil Nadu Motor Vehicle Rules and he paid prescribed fee. The first respondent issued a license to the petitioner bearing No.ACL:001/TN74/2008 R.No.15286/C2/08 for the period from 09.09.2008 to 08.09.2009 and the same was renewed from time to time and lastly it was renewed upto 25.05.2016. Therefore, the petitioner submitted an application for renewal of the said license and the same has been submitted on 20.04.2016 along with the prescribed fee of Rs.145/-. But, no orders have been passed by the first respondent so far. Therefore, the petitioner sent a representation to the first respondent on 23.08.2016. As there was no response, the petitioner has come forward with the present writ petition, seeking a direction to the respondents to renew the license.

5.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 .

6.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 23.08.2016 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. 7.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.

+1cc to M/S.S.C.Herold Singh, Advocate in SR.No.51102 +1cc to Special Government Pleader in SR.No.51502 ORDER MADE IN W.P(MD)No.17063 of 2016 and W.M.P(MD)No.12368 of 2016 08.09.2016 smn PA/AAL-MPA/SAR III/12.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/