Syed Ali Fathima v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. (MD) No. 21760 of 2022 and W.M.P. (MD) Nos. 15923 and 15925 of 2022 Syed Ali Fathima ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Regional Transport Officer, Tirunelveli.

... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 2nd respondent passed in his proceedings Se.Mu.Aa.No. 5730/A2/2021 dated 07.03.2022 and quash the same as illegal and consequently directing the respondents to permit the petitioner to operate her Mini buse bearing registration No.TN-72-H-0205 from Nellai junction to Kiruba Nagar (via) Kokkirakulam, Palayamkottai Tower, Murugan Kurichi, Andrews Bus Stop, Bharathi Nagar, Anna Nagar.

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For Petitioner :

Mr. T.Lenin Kumar For Respondents :

Mr. P.Subbaraj Special Government Pleader

O R D E R

Heard Mr. T.Lenin Kumar, Learned Counsel for the Petitioner and Mr. P.Subbaraj, Learned Special Government Pleader appearing for the Respondents.

2.

When it was pointed out that the Petitioner has got an effective alternative remedy to challenge the Order in Se.Mu.Aa.No.5730/A2/2021 dated 07.03.2022 passed by the Second Respondent, which is impugned in this Writ Petition, by filing appeal under Section 89 of the Motor Vehicles Act, 1988, before the State Transport Appellate Tribunal, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to resort to the aforesaid procedure and he has made an endorsement to that effect in the court record.

In view of the same, the Writ Petition is dismissed as withdrawn, granting such liberty. It is made clear that for the purpose of reckoning limitation for 2/4

availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 12.09.2022, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. Consequently, the connected Miscellaneous Petitions are closed. No costs. 14.12.2022 Index : Yes/No Internet : Yes /No sj Note: (i) Issue order copy by 26.12.2022 (ii) Registry is directed to return the impugned order under written acknowledgment after retaining a copy of the same for record.

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Regional Transport Officer, Tirunelveli.

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P.D. AUDIKESAVALU, J.

sj W.P. (MD) No. 21760 of 2022 Dated : 14.12.2022 4/4