Aadhavan P v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2022

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR P.Aadhavan ... Petitioner -Vs.-

1. The Secretary to Government, Government of Tamil Nadu, Transport Department,

2. The Secretary to Government of Karnataka, Transport Department, 1st Floor, A Block, TTMC Building, Shanthi Nagar, Bengaluru - 560 027, Karnataka State.

3. The District Collector, Thanjavur District, Thanjavur.

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

5. Transport Commissioner-cum-State Transport Authority, (suo motu impleaded by this order) .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to permit the petitioner to bring back his harvesting machine and lorry bearing Registration No.TN 20 BS 8868, which is parked at Yathkir Village, Karnataka State to the petitioner's village situatead at Marunkulam-613 006, Thanjavur District. For Petitioner :

Mr.V.Sasikumar For Respondents :

Mr.M.Lingadurai, Spl. Govt. Pleader for R1, R3, R4 and R5 ****** 1/4

O R D E R

Mr.V.Sasikumar, learned counsel for the sole writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of respondents 1, 3 and 4 are before me. To be noted, second respondent is Secretary to Government of Karnataka, (Transport Department). This writ petition can now be disposed of with the presence of counsel for writ petitioner, respondents 1, 3 and 4 as learned counsel for writ petitioner abridges his prayer and submits that it would suffice if there is a simple mandamus to dispose of the writ petitioner's representation dated 08.12.2021 (made to the third respondent) pertaining to his harvest machine.

2. Learned State counsel, on instructions, submits that 'Transport Commissioner-cum-State Transport Authority at St.George Fort, Chennai-600 009' is the appropriate and competent authority to examine the aforementioned representation. Therefore, this 'Transport Commissioner-cum-State Transport Authority' is suo motu impleaded as fifth respondent. Registry to carry out necessary and consequential amendments in case file and the same should be reflected in this order (before despatch). Learned State counsel accepts notice for fifth respondent also. A scanned reproduction of aforementioned representation dated 08.12.2021 made by the writ petitioner is as follows:

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3. Though the aforementioned representation is addressed to Respondent No.3, impleaded fifth respondent shall now consider the aforementioned 08.12.2021 representation of the writ petitioner on its own merits, in accordance with law and dispose of the same as expeditiously as his/her business would permit and in any event within three weeks from today i.e., on or before 24.01.2022. The order/proceedings qua such disposal shall be communicated to the writ petitioner under due acknowledgment within five working days of disposal of order/proceedings. There shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) pkn To 1.The Secretary to Government, Government of Tamil Nadu, Transport Department, 2.The Secretary to Government of Karnataka, Transport Department, 1st Floor, A Block, TTMC Building, Shanthi Nagar, Bengaluru - 560 027, Karnataka State.

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3.The District Collector, Thanjavur District, Thanjavur.

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

5.Transport Commissioner-cum-State Transport Authority, +1 CC to M/s.V.SASIKUMAR, Advocate ( SR-28[F] dated 03/01/2022 ) +1 CC to M/s.SPL.GP ( SR-173[F] dated 04/01/2022 ) 03.01.2022 SJ(CO) GC(11.01.2022) 4P 8C 4/4