In a writ petition filed under Article 226 of the Constitution seeking a writ of mandamus against the Respondents for operating without a permit, the petitioner's counsel submitted the prayer is infructuous and endorsed it accordingly. The Court dismissed the petition as infructuous and closed connected petitions.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.30052 of 2004
&
W.P.M.P.No.36495 of 2004
M.Saravanakumar ... Petitioner
Versus
1.The Regional Transport Authority,
Coimbatore-South.
2.The Tamilnadu State Transport Corporation Ltd.,
Rep. by its Managing Director,
No.37, Mettupalayam Road,
Coimbatore. ... Respondents
Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the first respondent herein to take appropriate legal action in accordance with the Provisions of the Motor Vehicles Act, 1988 and the rules made thereunder against the vehicle bearing Regn.No.TN-38-N-0003 or any other vehicle that may be replaced by the 2nd respondent operating on the route “Ondiputhur to Maruthamalai” for operating without any permit and without any fixation of timings.
The learned counsel appearing for the petitioner has submitted that the prayer sought for in the Writ Petition has become infructuous and she has made an endorsement to that effect.
2. In view of the above submission and endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
pvs/gmd
To
1.The Regional Transport Authority,
Coimbatore-South.
2.The Managing Director,
Tamilnadu State Transport
Corporation Ltd.,
No.37, Mettupalayam Road,
Coimbatore.
+1cc to Mr.S.Sairaman, Advocate, S.R.No.55630
W.P.No.30052 of 2004
&
W.P.M.P.No.36495 of 2004
CS IV
CA(01/09/2017)
1 issue framed by the court
Whether the writ petition for mandamus directing the Transport Authority to take action against an operator is maintainable.
2 provisions across 2 enactments
M. Saravanakumar
The Regional Transport Authority, Coimbatore-South
The Tamilnadu State Transport Corporation Ltd. Rep. by its Managing Director
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
