Madras High CourtWP(MD)/2075/2016closed

S.Murugesan v. The Secretary To Government

2022-09-15Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P(MD)Nos.1789 & 1790 of 2016 S.Murugesan ... Petitioner vs.

1.The Secretary to the Government of Tamil Nadu, Transport Department, Secretariat, St. George Fort, Chennai - 600 009.

2.The Transport Commissioner, Transport Department, Ehziligam, Chepauk, Chennai - 600 005.

3.The Managing Director, Tamil Nadu State Transport Corporation (Madurai), No.10, Bye-Pass Road, Madurai.

4.The District Collector, Regional Transport Authority, 1/6

5.The Regional Transport Officer, Regional Transport Office, 6.The District Collector, Theni District, Theni.

7.The Regional Transport Officer, Theni, Theni District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to provide entrance-cum-exit door in all Public Transport Vehicles as per Section 109(3), 110(1)(J) of the Motor Vehicle Act read with Rule 124, 125-C, 128 of Central Motor Vehicles Rules, 1989 and Rule 319 of the Tamil Nadu Motor Vehicle Rules, 1989 within the time stipulated by this Court. For Petitioner : Mr.R.Rameez For RR 1, 2 & 4 to 7 : Mr.S.P.Maharajan Special Government Pleader For R - 3 : Mr.A.Jeyaram

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The relief sought in this Writ Petition is to issue a Writ of Mandamus, directing the respondents to provide entrance-cum-exit door in 2/6

all Public Transport Vehicles as per Sections 109(3), 110(1)(J) of the Motor Vehicle Act r/w Rules 124, 125-C and 128 of Central Motor Vehicles Rules, 1989 and Rule 319 of the Tamil Nadu Motor Vehicle Rules, 1989 within a time frame to be stipulated by this Court.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for all the respondents.

3. On a perusal of the documents enclosed in the typed set of papers, it is seen that the petitioner has given a representation, dated 21.12.2015 to the first respondent seeking to implement the provisions of the Motor Vehicles Act and Rules made thereunder. Finding no response on the same, he has come up with this writ petition for the aforesaid relief. This court is of the view that due to efflux of time, no relief can be granted in this writ petition. However, liberty is granted to the petitioner to approach the authority concerned for any other relief. 3/6

4. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. [R.M.D.,J.] & [J.S.N.P.,J.] 15.09.2022 Index : Yes / No Internet : Yes ps To 1.The Secretary to the Government of Tamil Nadu, Transport Department, Secretariat, St. George Fort, Chennai - 600 009.

2.The Transport Commissioner, Transport Department, Ehziligam, Chepauk, Chennai - 600 005.

3.The Managing Director, Tamil Nadu State Transport Corporation (Madurai), No.10, Bye-Pass Road, Madurai.

4.The District Collector, Regional Transport Authority, 5.The Regional Transport Officer, Regional Transport Office, 4/6

6.The District Collector, Theni District, Theni.

7.The Regional Transport Officer, Theni, Theni District.

5/6

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN 15.09.2022 6/6