Madras High CourtWMP(MD)/16268/2023ordered

Sri Ramu Travels v. The Regional Transport Authority

2023-09-14Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Fourteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in W.P(MD)No.17512 of 2021 SRI RAMU TRAVELS REPRESENTED BY ITS PARTNER, MR.V. SUNDAR NO.61, P.T.RAJAN ROAD, NARIMEDY, MADURAI-625002.

... PETITIONER/PETITIONER Vs SRI RAMU TRAVELS REPRESENTED BY ITS PARTNERS MR.V.RAMANATHAN & MR.V.SENTHIL KUMAR, NO.61, P.T.RAJAN ROAD, NARIMEDY, MADURAI-625002.

...RESPONDENTS/PETITIONERS 1 THE REGIONAL TRANSPORT AUTHORITY, MADURAI (NORTH), MADURAI.

2 THE REGIONAL TRANSPORT OFFICER, MADURAI (NORTH), MADURAI.

3.S.MEENAKSHI 4 K.R. AMIRTHA ...RESPONDENTS/RESPONDENTS 1 TO 4 (R4 CAUSE TITLE AMENDED VIDE COURT ORDER DATED 21.10.2021 IN WMP(MD).14953/2021 in WP (MD).17512/2021 BY RSKJ.) 1/4

(*)5 THE DEPUTY DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, 4TH MAIN ROAD, K.K. NAGAR, MADURAI 625 020.

6 THE RECOVERY OFFICER, EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, 4TH MAIN ROAD, K.K. NAGAR, MADURAI.

... RESPONDENTS 5 & 6 (*)R5 AND R6 ARE IMPLEADED VIDE COURT ORDER DATED 16.08.2023 IN WMP(MD) NO.16269/2023 IN WP(MD)NO.17512/2021 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an Extension of time the order dated 12.06.2023 in WP(MD).No. 17512 of 2021 and thus render justice. Prayer in WP(MD). 17512/ 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 respondent herein to forthwith grant the application for transfer of stage carriage permit in respect of the vehicle bearing Registration No.TN-59/AM-7705 plying on the route Madurai to Kallal along with a spare bus permit in respect of vehicle bearing Registration No.TN-59/AC-6192 and also renew the stage carriage permit for the further period from 01.09.2021 to 31.08.2026 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.V.SUNDAR, Advocate for mr. RM.ARUN SWAMINATHAN, Advocate for the petitioner and of MR.A.K.MANIKKAM, Special Government Pleader on behalf of the Respondents 1 & 2 and MR.B.JANARTHKUMAR, Legal Aid Counsel for the Respondent No.4, the court made the following order:- 2/4

W.M.P(MD)No.16268 of 2023 has been filed to grant an extension of time.

2. This Court has already directed the petitioner to pay a sum of Rs.2.48 Crores. The petitioner has mobilized a sum of Rs.82,67,000/-, but the petitioner is not in a position to pay the remaining amount.

3. The contention of the petitioner is that, even the petitioner is entitled to one share, which is to the tune of Rs.49,60,000/-, after deducting the said amount, the petitioner is liable to pay the balance amount. Therefore the petitioner is liable to pay the balance amount.

4. The further contention of the petitioner is that the transport firm is liable to pay ESI for the period from 1998 to 2012 to the tune of 31,38,298/- and for the period from 2013 to 2023 the transport firm is liable to pay 22,41,641/-. Thereby the firm is liable to pay Rs.53,79,939/-. The legal heirs are equally liable to pay the same. The legal heirs shall equal pay the said amount to the ESI.

5. In view of the aforesaid compliance, this extension petition is allowed granting further time for the petitioner to comply with the order. After depositing the 3/4

balance amount, the respondents are directed to change the Stage carriage permit in the name of V.Sundar.

sd/- 14/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

ksa TO 1 THE REGIONAL TRANSPORT AUTHORITY, MADURAI (NORTH), MADURAI.

2 THE REGIONAL TRANSPORT OFFICER, MADURAI (NORTH), MADURAI.

ORDER

IN in W.P(MD)No.17512 of 2021 Date :14/09/2023 RK/JGB (26/09/2023) 4P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4