Madras High CourtWP(MD)/23095/2019disposed of

P.S. Gunakumar v. The Secretary

2020-01-27Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)Nos.23095 and 23097 of 2019 P.S.Gunakumar .. Petitioner Vs.

1.The Secretary, The Regional Transport Authority, 3.P.S.Lakshmanakumar .. Respondents [R3 impleaded vide order dated 27.01.2020 made in WMP(MD).No.23324 of 2019] Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the 1st respondent to temporarily suspend the operation of vehicle numbers TN84X0966, TN67L5944 and TN67AS0128 plying in the route Sivakasi bus stand to Reserve line as requested in the petitioner's representation, dated 20.09.2019.

For Petitioner : Mr.Padmanabhan For Respondents 1&2: Ms.J.Padmavathi Devi Special Government Pleader For Respondent No.3: Mr.N.Dilip Kumar W.P.(MD).No.23097 of 2019:

G.Panchavaranam .. Petitioner Vs.

1.The Secretary, The Regional Transport Authority, 1/3

3.P.S.Lakshmanakumar .. Respondents [R3 impleaded vide order dated 27.01.2020 made in WMP(MD).No.23322 of 2019] Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the 1st respondent to temporarily suspend the operation of vehicle numbers TN67T2608, TN67T3967 and TN67T3846 plying in the route Sivakasi bus stand to Ayyampatti as requested in the petitioner's representation, dated 20.09.2019.

For Petitioner : Mr.Padmanabhan for Mr.Chamundi Bose For Respondents 1&2 : Ms.J.Padmavathi Devi Special Government Pleader For Respondent No.3 : Mr.N.Dilip Kumar COMMON ORDER These writ petitions have been filed seeking a mandamus directing the first respondent to temporarily suspend the operation of vehicle numbers TN84X0966, TN67L5944 and TN67AS0128 plying in the route Sivakasi bus stand to Reserve line and also to temporarily suspend the operation of vehicle numbers TN67T2608, TN67T3967 and TN67T3846 plying in the route Sivakasi bus stand to Ayyampatti as requested in the petitioner's representations, dated 20.09.2019.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioners claim to be the owners of the said vehicles. However, they are now in the custody of the third respondent, who is now impleaded as third respondent in these petitions. The apprehension of the petitioners is that any liability arising out of plying the said vehicles, namely, accident etc., would involve the petitioners as liable. Therefore, the above prayer has been sought for.

4. In view of the above apprehension expressed by the petitioner, this Court, without going to the merits of the case, directs the first respondent to consider the representations of the petitioner, dated 20.09.2019 after giving notice to the petitioner as well as the third respondent and affording them an opportunity of personal hearing, and pass appropriate orders on merits and in 2/3

accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, these Writ Petitions are disposed of. No Costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL To 1.The Secretary, The Regional Transport Authority, +1 CC to M/s.SPL.GP ( SR-3714[F] dated 29/01/2020 ) +2 CC to M/s.T.PADMANABHAN, Advocate ( SR-3402[F] dated 28/01/2020 ) +2 CC to M/s.N.DILIP KUMAR, Advocate ( SR-3390 & 3391[F] dated 28/01/2020 ) ORDER MADE IN W.P.(MD).Nos.23095 and 23097 of 2019 27.01.2020 JMN(07.02.2020) 3P : 8C 3/3