Madras High CourtWP(MD)/17465/2023disposed of

Indian Drivers Society v. The District Collector

2025-12-16Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)NO.17465 OF 2023 and W.M.P(MD)Nos.14635 of 2023 and 23437of 2024 Indian Drivers Society, (Reg.No.KLM/TC/256/17), Thenmalla Post, Kolam, Kerala -691 308 represented by its Secretary G.Nagaraj : Petitioner .vs.

1.The District Collector, Tenkasi - 627 811.

2.The Superintendent of Police, Tenkasi - 627 811.

3.The Joint Director, Department of Geology and Mining, Tenkasi - 627 811.

4.The Motor Vehicles Inspector(Non-Tech), Transport Department, Puliyara Check Post, Tenkasi District.

5.The Inspector of Police, Puliyara Police Station, Tenkasi District.

6.Thenkasi Iyarkai Vazha Padhukappu Sangam, Registration No.SRG/Tenkasi/7/2023),4.7.67, Dakshinamoorthy Nagar, Puliyarai Village, Puliyarai, Sengottai Taluk,

Tenkasi District - 627 813, represented by its General Secretary S.Jameen (R6 impleaded as per order of this Court made in W.M.P (MD)No.23789 of 2023 in W.P(MD)No.17465 of 2023, dated 1.8.2024) :Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the Petitioner's representation, dated 10.6.2023 and to permit the truck carrying rock products(minor minerals) including those trucks with more than 10 wheels from Tenkasi and Thirunelveli District through Kollam-Thirumangalam National Highway NH 744 via fourth respondent Puliyara Check Post without any hindrance. For Petitioner :Mr.P.Pugazh Gandhi For Respondents :Mrs.K.Malathi 1 to 4 Addl.Govt. Pleader For Respondent-5 :Mr.A.albert James Govt.Advocate(Crl.side) For Respondent-6 :Mr.A.K.Nagarajan

O R D E R

********** This Writ Petition has been filed seeking issunce of a Writ of Mandamus directing the respondents 1 to 3 to consider the Petitioner's representation, dated 10.6.2023 and to permit the truck carrying rock products(minor minerals) including those trucks with more than 10 wheels from Tenkasi and Thirunelveli District through KollamThirumangalam National Highway NH 744 via fourth respondent Puliyara Check Post without any hindrance.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The case of the Petitioner is that he is the General Secretary of the Petitioner/Association having office at Thenmalla, Kollam District, Kerala State which has involved in the transportation of goods(minor minerals such as Jelly etc.,) within the State of Kerala and Tamil Nadu. While so, the respondents 1 to 3 and their men at Puliyara Check Post, whithout any valid reason, not allowed the vehicles with 12 wheels, whereas, the checkposts in Kanyakumari and Coimbatore Districts allowed the said vehicles without any hindrance. It is further submitted that these vehicles are legally permitted vehicles having revised their permissible weight as per the Gazette Notification, dated 18.7.2018. It is further submitted that the Petitioner/Association has met the respondents several times and no action was taken till date.

Hence the Petitioner has submitted a representation, dated 10.06.2023 to the respondents 1 to 3 to permit the vehicles carrying rock products through the fourth respondent-Check Post. Since the respondents did not evoke any response, the Petitioner has come forward with the present Writ Petition for the relief stated supra.

4.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents 1 to 4

would submit that the Petitioner's representation will be considered on merits and in accordance with law within the time limit prescribed by this Court.

5.In view of the above submission, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the representation of the Petitioner, dated 10.06.2023 and pass appropriate orders on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this Order. 6.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Till such time,the interim order passed by this Court dated 05.09.2023 shall continue till the disposal of the petitioner's representation. 16.12.2025 NSC :Yes/No Index:Yes/No Internet:Yes/No aav

To 1.The District Collector, Tenkasi - 627 811.

2.The Superintendent of Police, Tenkasi - 627 811.

3.The Joint Director, Department of Geology and Mining, Tenkasi - 627 811.

4.The Motor Vehicles Inspector(Non-Tech), Transport Department, Puliyara Check Post, Tenkasi District.

5.The Inspector of Police, Puliyara Police Station, Tenkasi District.

KRISHNAN RAMASAMY, J.

aav W.P(MD)NO.17465 OF 2023 and W.M.P(MD)No.14635 of 2023 16.12.2025