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Madras High CourtWP(MD)/20854/2018dismissed as infructuous

Tenkasi Region Driving School v. The Union Of India,

2020-07-15Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.18630, 18631 and 19026 of 2018 W.P.(MD).No.20854 of 2018 :

Tenkasi Region Driving School Owners' Association, (Regd.No.147/2017), Rep.by its President, New No.174, Old No.69/A, South Cart Street, Tenkasi, Tirunelveli District - 627 811.

: Petitioner 1.The Union of India Rep.by its Secretary, Transport Bhavan 1, SansadMarg, New Delhi. - 110 001.

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

Tenkasi, Tenkasi Region, Tirunelveli District.

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

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents 2 to 4 from insisting of complying with the amended rule namely, the proviso to clause (b) of sub-rule(1) of rule 17 and the amendment brought to for serial number 20 and the entries relating thereto under the head "E Medium and Heavy Vehicle Driving Theory II" as inserted under sub-rule(1) of rule 31 and the Form 5A, till the respondents provide the infrastructure facilities as contemplated under this amended rule.

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For Petitioner : Mr.M.Palani For Respondents : Mrs.S.Srimathy, Special Government Pleader for R2 to R4 :Mr.B.Rajesh Saravanan for R1 W.P.(MD).No.21182 of 2018 :

Tamil Nadu Illakuraka and Kanaraga Vakana Payirchi Palli, Urimaiyalarkal Nala Sangam, Represented through its Secretary, A.John Martin : Petitioner Vs.

1.The Union of India, Represented by its Secretary, Transport Bhavan, 1 Sansadmarg, New Delhi - 110 001.

2.The Transport Commissioner, Ezhilagam, Chepauk, Chennai- 5.

Trichy.

4.The Regional Transport Officer, Transport Department, Trichy West, Trichy.

5.The Regional Transport Officer, Srirangam, Trichy District.

6.The Regional Transport Officer, Marthandam, Kanyakumari District.

7.The Regional Transport Officer, Transport Department, Perambalur.

8.The Regional Transport Officer, Transport Department,Coimbatore Central, 9.The Regional Transport Officer, Coimbatore West, Coimbatore.

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10.The Regional Transport Officer, Transport Department,Coimbatore North, Thudiyalur, Coimbatore.

11.The Regional Transport Officer, Gobichettipalayam, Erode District.

12.The Regional Transport Officer, Transport Department, Pollachi, 13.The Regional Transport Officer, Dindivanam, Villupuram District.

14.The Regional Transport Officer, Salem East, Salem.

15.The Regional Transport Officer, Transport Department, Sankagiri, Salem District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents 2 to 15 from insisting of complying with the Amended Rule namely the proviso to Clause (b) of Sub-Rule (1) of Rule 17 and the amendment brought to Serial Number 20 and the entries relating thereto under the head "E Medium and Heavy Vehicle Driving Theory II" as inserted under Sub-Rule(1) of Rule 31 and the Form 5A prescribed thereunder, till the respondents provide the infrastructure facilities as contemplated under this Amended Rule. For Petitioner :(*) Mr.C.Vakeeswaran For R1 : Mr.B.Rajesh Saravanan For R2 to R4 : Mrs.S.Srimathy, Special Government Pleader COMMON ORDER The learned counsel appearing for the petitioner (in both petitions) submits that these Writ Petitions have become infructuous. Hence, nothing survives for further adjudication in these Writ petitions.

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2.Recording the said submission, the Writ Petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (*)Revised order copy issued as per order of this Court dated 30/07/2020 /True Copy/ / / 2020 Sub Assistant Registrar das 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 (*) To be Substituted the order already despatched on 24.07.2020 1.The Secretary, Union of India Transport Bhavan 1, SansadMarg, New Delhi. - 110 001.

2.The Regional Transport Officer, Tenkasi, Tenkasi Region, Tirunelveli District.

Tirunelveli Region, Tirunelveli District.

4.The Transport Commissioner, Ezhilagam, Chepauk, Chennai- 5.

5.The Regional Transport Officer, Trichy.

6.The Regional Transport Officer, Transport Department, Trichy West, Trichy.

7.The Regional Transport Officer, Srirangam, Trichy District.

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8.The Regional Transport Officer, Marthandam, Kanyakumari District.

9.The Regional Transport Officer, Transport Department, Perambalur.

10.The Regional Transport Officer, Transport Department,Coimbatore Central, 11.The Regional Transport Officer, Coimbatore West, Coimbatore.

12.The Regional Transport Officer, Transport Department,Coimbatore North, Thudiyalur, Coimbatore.

13.The Regional Transport Officer, Gobichettipalayam, Erode District.

14.The Regional Transport Officer, Transport Department, Pollachi, 15.The Regional Transport Officer, Dindivanam, Villupuram District.

16.The Regional Transport Officer, Salem East, Salem.

17.The Regional Transport Officer, Transport Department, Sankagiri, Salem District.

ORDER MADE IN W.P.(MD).No.20854 and 21182 of 2018 and W.M.P.(MD)Nos.18630, 18631 and 19026 of 2018 15.07.2020 SMA/31/07/2020/5P/18C 5/5