The Court disposed of a writ petition seeking a mandate for permit extension. It held that the proper course is to challenge the returning order before the appellate authority first, dismissing the writ as it did not directly impugne that order.
Disposed with liberty to challenge the impugned order before the appellate authority within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:04.04.2017
CORAM
THE HONOURABLE MR.JUSTICE RAVICHANDRABAABU
W.P.No.7799 of 2017
K.S. Rangasamy College of Arts and Science
Rep. By its President, K.S. Rangasamy
Thokkavadi Post, Tiruchengode,
Namakkal District ... Petitioner
vs.
1. The Secretary,
Regional Transport Authority,
Tiruchengode, Namakkal District.
2. The Transport Commissioner,
Chepauk, Chennai-5 ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 2nd respondent herein to entertain the Petitioner's returned Application dated Nil.10.2016 and pass orders for the grant of extension of validity of permit to ply the petitioner's bus TN34/T-1779 in Salem District in terms of Rule 153 & 155 of Tamil Nadu Motor Vehicles Rules, 1989, forthwith.
For Petitioner : Mr.K.Hariharan.
For Respondents : Mr.M.Elumalai, Government Advocate.
This writ petition is filed seeking for a Mandamus directing the 2nd respondent to entertain the petitioner's return application dated Nil.10.2016 and pass orders for granting extension of validity of permit to ply the petitioner's bus TN-34/T-1779 in Salem District in terms of Rule 153 & 155 of Tamil Nadu Motor Vehicles Rules 1989, forthwith.
/true copy/
Sub Asst. Registrar
vsi
W.P.No.7799 of 2017
NR(CO)
VR(18/04/2017)
2 issues framed by the court
Whether a writ petition directing the grant of extension of a vehicle permit can be maintained when the petitioner has failed to challenge the relevant impugned order before the appellate authority.
Who is the appropriate forum to challenge the order refusing extension of a bus permit.
3 provisions across 3 enactments
K.S. Rangasamy College of Arts and Science
The Secretary, Regional Transport Authority, Tiruchengode
The Transport Commissioner, Chepauk, Chennai-5
Ravichandrababu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
