Madras High CourtCONT P(MD)/1575/2021disposed of

C.Vanniarajan v. T.Anbazhagan

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Cont.P.(MD)No.1575 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P.(MD)No.1575 of 2021 in W.P.(MD)No.940 of 2021 C.Vanniarajan ... Petitioner/Petitioner vs.

1.T.Anbazhagan, The Regional Transport Authority, Office of the Regional Transport Authority, Collectorate Building, Madurai - 625020.

2.S.Selvam The Regional Transport Officer, Madurai North RTO Office, Madurai.

... Contemnors/ Respondents 1 & 2 PRAYER : Contempt Petition filed under Section 11 of Contempt of Court Act,1971 to initiate contempt proceedings against the contemnors/ respondents 1 and 2 and punish them for the willful disobedience of the order of this Court in W.P.(MD)No.940 of 2021, dated 19.02.2021 under the Contempt of Courts Act. Prayer in WP(MD). 940/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus, directing the 1st and 2nd Respondents to take appropriate action against the 3rd and 4th Respondents Mini Buses bearing Registration Nos. TN 55 Z 5277, TN 57 N 0173 and TN 55 E 1800 violating the permit condition on the route Rajaji Government Hospital (Goripalayam) and Karuppayurani as per Section 86 (b) of the Central Motor Vehicle Act, 1988 and to pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.P.Thilakkumar, Government Advocate for R1 & R2 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.1575 of 2021

O R D E R

The petitioner alleges that the authorities have not acted as per the direction made in W.P.(MD)No.940 of 2021 dated 19.02.2021.

2. The private respondents therein have been plying their bus unauthorizedly in violation of the permit conditions. The petitioner would allege that even though the private respondents therein are continuing to violate the permit, the respondents herein have not taken action. Hence, this Contempt Petition came to be filed.

3. Notice was ordered. The learned Government Advocate appearing for the contemnors submitted that the allegation of the petitioner is not true. The authorities have initiated action against the private respondents and that it is pending before the District Collector, Madurai. The copies of the inspection report issued on 06.12.2021 have been enclosed in typed set of papers. The first respondent is directed to take the disciplinary proceedings to their logical conclusion. This Contempt Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) csm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Regional Transport Authority, Office of the Regional Transport Authority, Collectorate Building, Madurai - 625020.

2.The Regional Transport Officer, Madurai North RTO Office, Madurai.

+1 CC to M/s.SPL GP ( SR-37771[F] dated 08/12/2021 ) Cont.P.(MD)No.1575 of 2021 in W.P.(MD)No.940 of 2021 07.12.2021 RK(21/12/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2