Madras High CourtWP(MD)/27985/2022dismissed as infructuous

Royal India Motors Company v. The District Collector

2023-04-03Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2023

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA CRP(MD)Nos.663 & 664/2022 & CMP(MD)Nos.2732 & 2733/2022 In WP(MD)No.27985/2022 Royal India Motors Company, Rep. by its Managing Partner, Mohammed Munthasir (26 years), S/o. Abdul Majid, 26/11, Mohamadiya Colony, Kalif Nagar 4th Street, Pudukkottai - 622 001. ... Petitioner Vs.

1.The District Collector, (Regional Transport Authority) Office of District Collector, Pudukkottai - 622 005.

2.Regional Transport Officer, Pudukkottai.

3.Mohammed Farook 4.M.Zarina Farook ... Respondents (R3 and R4 are impleaded vide Court order dated 15.03.2023 in WMP(MD)No.23124/2022 in WP(MD)No.27985/2022)

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents 1 and 2 to renew the permit of the buses bearing Registration No.TN 55 V 7899 and TN 63 T 4262 by considering the petitioner's representation dated 15.11.2022, within a stipulated time that may be fixed by this Court. For Petitioner :

Mr.J.Sulthan Basha For Respondents :

Mr.D.Ghandiraj, Special Government Pleader, for R1 and R2 Mr.T.Padmanabhan for R3 and R4 In CRP(MD)Nos.663 & 664/2022 Mohammed FarooK ... Petitioner in both petitions Vs.

1.M/s.Royal India Motor Company, No.26, Mohammadiyar Colony, Kalif Nagar 4th Street, Pudukottai.

2.Regional Transport Authority, Pudukottai.

... Respondents in both petitions

Common Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India to set aside the Judgment in M.V.Appeal Nos. 2/2018 and 5/2018 respectively on the file of the State Transport Appellate Tribunal at Chennai dated 27.09.2021. In both CRPs, For Petitioner :

Mr.Mr.T.Padmanabhan For Respondents :

Mr.J.Sulthan Basha for R1 Mr.D.Ghandiraj, Special Government Pleader, for R2 COMMON ORDER The learned Special Government Pleader would submit that the prayer sought for in the above writ petition has become infructuous since orders have been passed by the Regional Transport Officer, Pudukkottai directing the petitioner in the writ petition to stop the operating vehicle.

2. Recording the submission of the learned Special Government Pleader, the writ petition is dismissed as infructuous. No costs.

3. However, a perusal of the order passed by the Regional Transport Officer, Pudukkottai indicates that the Authority had directed to keep the file pending as the above Civil Revision Petitions are pending before this Court. Therefore, the Civil Revision Petitions are disposed of with a direction that in the event of the Regional Transport Officer, Pudukkottai taking up for consideration the renewal of permit for the writ petitioner's vehicle, the same shall be done only after giving notice to Mohamed Farook, the petitioner in the Civil Revision Petitions and his wife Zarina Farook and after affording an opportunity of hearing to them. No costs. Consequently, the connected Miscellaneous Petitions are closed.

03.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The District Collector, (Regional Transport Authority) Office of District Collector, Pudukkottai - 622 005.

2.Regional Transport Officer, Pudukkottai.

P.T.ASHA , J.

mbi 03.04.2023