G.Nagaraj v. The Deputy Transport Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ G.Nagaraj ... Petitioner Vs.

1.The Deputy Transport Commissioner, K.Pudur, Madurai - 625 007.

2.The Regional Transport Authority, Collector Office, Madurai - 625 020.

3.The Regional Transport Officer, W25J+HWC, Vadapalanji Road, Kilakuyilkudi, Madurai - 625 019.

4.Mariappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to consider the petitioner's objection and to give a personal hearing while transferring the Stage Carriage Permit bearing Registration No.TN 59 BW 9867 plying on the route Periyakulam to Madurai to any other third party from the fourth respondent based on the petitioner's representation dated 27.06.2024 and for other reliefs.

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For Petitioner : Mr.A.C.Asaithambi For R-1 to R-3 : Mr.R.Suresh Kumar Additional Government Pleader

O R D E R

This Writ Petition is filed praying for a Mandamus, directing the respondents 2 and 3 to consider the petitioner's objection and to give a personal hearing while transferring the Stage Carriage Permit bearing Registration No.TN 59 BW 9867 plying on the route Periyakulam to Madurai to any other third party from the fourth respondent based on the petitioner's representation dated 27.06.2024.

2. The Petitioner has given a representation on 27.06.2024 requesting the authorities not to transfer the Stage Carriage, unless until the entire amount of sum of Rs.45,81,568/- was settled to him. He further requested the authorities that the State Carriage bearing Registration No.TN 59 BW 9867 plying on the route from Periyakulam to Madurai shall not be transferred on the joint application filed by the permit holder namely, the fourth respondent to any other third party. Since no action was taken on the petitioner's representation, the present petition is filed.

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3. When the matter was taken up for hearing, the learned Additional Government Pleader for the official respondents would submit that the enquiry would be fixed and the petitioner would also be put on notice. After conducting enquiry, the representation of the petitioner would be considered and orders would be passed thereon in accordance with law.

4. In view of the same and taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents 2 and 3 to conduct the enquiry within a period of two weeks from the date of receipt of a copy of this order, after issuing notice to the parties and thereafter, the respondents 2 and 3 shall consider the petitioner's representation dated 27.06.2024, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks therefrom. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

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5. With the above direction, this Writ Petition is disposed of. No costs. 12.08.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Deputy Transport Commissioner, K.Pudur, Madurai - 625 007.

2.The Regional Transport Authority, Collector Office, Madurai - 625 020.

3.The Regional Transport Officer, W25J+HWC, Vadapalanji Road, Kilakuyilkudi, Madurai - 625 019.

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MOHAMMED SHAFFIQ, J.

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