Nam Driving School, Rep. By v. The Government Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P.(MD).Nos.1 and 2 of 2015 NAM Driving School, Represented by its owner, A.Syed Abuthakeer, Having office at No.70, SKV Nagar, Alagapuri Village, Kallankudi Group, Kottaiyur Town Panchayat, Sakkottai Union, Karaikudi Taluk, Sivagangai District.

... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Principal Secretary, Home (Transport) Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Commissioner of Transport, Chepauk, Chennai - 600 005.

3.The Deputy Transport Commissioner, Virudhunagar Region, Virudhunagar.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first respondent in G.O.Ms.No.697, Home (Transport-5) Department, dated 05.08.2010 and the consequential order of the second respondent in R.No.22370/H1/2008 (Circular No.15/2015), dated 17.06.2015, quash the same insofar as the petitioner is concerned. For Petitioner : Mr.M.Saravanan For Respondents : Mr.A.K.Manikkam, Special Government Pleader.

ORDER

This Writ Petition is filed challenging the G.O.Ms.No.697, Home (Transport-5) Department, dated 05.08.2010 and the consequential order dated 17.06.2015.

2. Pending Writ Petition, the issue is considered by the respondents based on the orders of this Court in several other Writ Petitions. The Hon'ble High Court had passed a common order dated 15.09.2015 in W.P.(MD)No.19362 of 2015 and directed the Government to formulate a scheme. Based on the 2/5

direction, the Government has issued G.O.Ms.No.215 Home (Transport-V) Department dated 05.05.2022, wherein it has decided to allow the Heavy Vehicle Driving Schools to conduct one day refresher training course to the Heavy Vehicle Drivers and to issue certificate so as to enable them to renew their license. The G.O.Ms.No.215 dated 05.05.2022 is also applicable to the petitioner.

3. In view of the above, the respondents are directed to grant the same benefit granted in G.O.Ms.No.215 to the petitioner also and the Writ Petition is disposed of with the above direction. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 29.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The Principal Secretary, The Government of Tamil Nadu, Home (Transport) Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Commissioner of Transport, Chepauk, Chennai - 600 005.

3.The Deputy Transport Commissioner, Virudhunagar Region, Virudhunagar.

4/5

S.SRIMATHY, J.

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