Madras High CourtWP(MD)/21638/2021disposed of

Selvan v. The State Of Tamilnadu Rep By

2021-12-07Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN Selvan :Petitioner .vs.

1.The State of Tamil Nadu, represented by The Principal Secretary to Government/Commissioner, Transport Commissionerate and State Transport Authority, Transport Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

2.The District Collector/The Regional Transport Authority, Office of the District Collector, 3.The Deputy Transport Commissioner, Office of the Deputy Transport Commissioner, Campus of the Regional Transport Officer, Tirunelveli, Tirunelveli District.

4.The Regional Transport Officer, Tirunelveli, Tirunelveli District.

5.The Regional Transport Officer, Tenkasi, Tenkasi District.

6.The Motor Vehicle Inspector, Office of the Motor Vehicle Inspector, Grade-I, Ambasamuthiram, Tirunelveli District.

7.Kanagavalli The Motor Vehicle Inspector, Office of the Motor Vehicle Inspector, Grade-I, Ambasamuthiram, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus 1/4

directing the respondents 1 to 4 to take appropriate action against the respondents 6/7 by considering the Petitioner's representation dated 15.04.2021 in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.P.Thilakkumar Govt.Pleader

O R D E R

(Order of the Court was made by PUSHPA SATHYNARAYANA,J) This Writ Petition is filed seeking for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take appropriate action against the respondents 6/7 by considering the Petitioner's representation dated 15.04.2021 in accordance with law. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The case of the Petitioner is that the Petitioner has owned two mini buses, which are, running between AmbasamuthiramAmbalavanapuram and Kallidai-Utchimedu for the past 15 years. Whileso, one Kannan, the then Motor Vehicle Inspector in Ambasamuthiram scolded the Petitioner by mentioning the caste name. Therefore the Petitioner has lodged a complaint.

In the meanwhile, the Petitioner has applied for Fitness Certificate for his Mini bus bearing Registration No.TN 32 Y 2043 before the respondent No.6/7 and the same has been denied by them for the reasons best known to them. Thereafter, though several litigations and criminal cases registered and prosecuted, the same does not have a fruitful result. Therefore, the Petitioner has filed W.P (MD)No.17935 of 2021 before this Court for taking appropriate action against the respondents 6/7 by considering the Petitioner's representations, dated 15.4.2021 and 24.09.2021 and the said Writ Petition was permitted to be withdrawn, with liberty to the Petitioner herein to file the same Writ Petition as a ''Public Interest Litigation''. Hence the Petitioner has filed the present Writ Petition for the relief stated supra.

4.When the matter is taken up for hearing today, the learned Government Pleader appearing for the respondents would submit that the authorities concerned are ready to dispose of the representation submitted by the Petitioner in the manner known to law, within the time stipulated by this Court. 5.In view of the above submission, this Court, without going into the merits of the claim made by the Petitioner, directs the fifth respondent to consider the representation of the 2/4

Petitioner, dated 15.04.2021 and pass appropriate orders on the same, on merits and in accordance with law, after affording an opportunity of hearing to the Petitioner and other interested parties, if any, within a period of six weeks from the date or receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 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 Principal Secretary to Government/Commissioner, Transport Commissionerate and State Transport Agency, Transport Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

5.The Regional Transport Officer, Tenkasi, Tenkasi District.

6.The Motor Vehicle Inspector, Office of the Motor Vehicle Inspector, Grade-I, Ambasamuthiram, +1 CC to M/s.SPL GP ( SR-37773[F] dated 08/12/2021 ) 07.12.2021 MMS(CO) SB(17.12.2021) 4P 8C 4/4