K.C.Mahalingam v. The Regional Transport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)No.23308 of 2024 K.C.Mahalingam

...Petitioner

Vs 1.The Regional Transport Officer, Dindigul District, Dindigul.

2.The Regional Transport Officer, Karur District, Karur.

3.V.Chandramohan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the first respondent to carry out the endorsement in the permit copy of the petitioner the consequential timing given to the petitioner's predecessor under the proceedings R.No.5783/A3/89 dated 21.06.1989 in respect of his stage carriage plying on the route Karur to Dindigul (via) Aravakurichi, Pallapatti and Vedachandur.

1/5

For Petitioner : Mr.M.Palani For R-1 and R-2 : Mr.R.Suresh Kumar Additional Government Pleader

O R D E R

Heard Mr.M.Palani, learned counsel for the petitioner and Mr.R.Suresh Kumar, learned Additional Government Pleader for the respondents.

2. The present Writ Petition is filed praying for a Mandamus, directing the first respondent to carry out the endorsement in the permit copy of the petitioner, the consequential timing given to the petitioner's predecessor under the proceedings R.No.5783/A3/89 dated 21.06.1989 in respect of his stage carriage plying on the route Karur to Dindigul (via) Aravakurichi, Pallapatti and Vedachandur.

3. The case of the petitioner is that the petitioner had been granted stage carriage permit by way of transfer and that the timings of the predecessor in interest was revised from 7.35 p.m to 7.18 p.m by order of the first respondent dated 21.06.1989. However, while the petitioner had been granted transfer of permit, the third respondent herein had objected the operation of the stage carriage by the petitioner by contending that 2/5

revised timings had not been endorsed by the respondents. It is the case of the petitioner that such stage carriage permit has been operating on the revised timings as per the order of the first respondent dated 21.06.1989 hitherto. Hence, he had made a representation to the first respondent to endorse the timings that had been revised as early as on 21.06.1989 in his permit and his representation is yet to be considered by the first respondent. He would submit that such a direction has to be given to the first respondent to consider the representation of the petitioner within a time frame that would solve the issue, as the first respondent is the authority to make such an endorsement.

4. Considering the limited relief that has been sought for in this Writ Petition, the first respondent is directed to consider the representation of the petitioner dated 04.10.2024 for endorsing the revised timings in his permit, and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording a reasonable opportunity of hearing to the petitioner as well as to the third respondent. Since the limited relief had been granted, notice to the third respondent is dispensed with. In the interregnum period, there shall be an order of status quo, till the orders are passed by the first respondent. 3/5

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 18.11.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Regional Transport Officer, Dindigul District, Dindigul.

2.The Regional Transport Officer, Karur District, Karur.

4/5

K.KUMARESH BABU , J.

Nsr 18.11.2024 5/5