Dismissed

As Per Order DT.26/09/2008 in v. Union of India Rep by Its

Madras HC5 Jul 2019WP/18901/2008

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ petition challenging a notification classifying certain vehicles as transport vehicles. The court dismissed the petition, noting similar relief was previously denied and a review application was pending against that earlier decision.

What did the court decide?

Writ petition disposed of; no costs; connected miscellaneous petition closed.

As Per Order DT.26/09/2008 in Vs Union… — Constitutional and Fundamental Rights | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.07.2019 CORAM THE HON'BLE Mr. JUSTICE M.DHANDAPANI W.P.No.18901 of 2008

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The Christian Mission of South India Religious & Charitable Trusts, having its field office at 979, Kongal Medu, Eguvarpalayam Post, Gumdidpoondi Taluk, Thiruvallur. Rep.by its Managing Trustee, Director Mr.V.Benni. ...Petitioner vs

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1.Union of India rep.by its Secretary to Government, Ministry of Shipping Road, Transport &High Ways Department of Road Transport & Highways Transport Bhavan, No.1, Parliament Street, New Delhi 110 001.

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State of Tamil Nadu rep.by its Secretary to Government, Transport Department, Fort St.George, Chennai 600 009.

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The Regional Transport Officer(North West) Anna Nagar, Chennai 600 102.

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4.The Regional Transport Officer, Thiruvallur, Through Motor Vehicle Inspector, Unit office, red Hills Chennai 52. ... Respondents (R2 impleaded and amended as per order 26.09.2008 in MP.NO.425/08 in WP.NO18901/2008)

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Notification of the first respondent issued under Sub-section(4) of Section(41) of the Motor Vehicles Act, 1988 in S.No.1249(E) and quash the same in so far as it includes all types of “Omni Buses” under this category “Transport Vehicle” and direct the respondents, to register the vehicles of the petitioner trust as non-transport vehicle.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner :D.S.N.Gandhi for M/s.G.R.Associates

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For Respondents : Mr.G.Baskar Central Government Standing Counsel for R1 Mrs.K.Bhuvaneshwari Additional Government Pleader for R2 to R4.

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O R D E R

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The petitioner has filed a writ petition for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the Notification of the first respondent issued under Sub-section(4) of Section(41) of the Motor Vehicles Act, 1988 in S.No.1249(E) and quash the same in so far as it includes all types of “Omni Buses” under this category “Transport Vehicle” and direct the respondents, to register the vehicles of the petitioner trust as non-transport vehicle.

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The learned counsel for the petitioner would submit that the very same relief sought for in the present writ petition is already dismissed by this Court in W.P.No.6685 of 2007 and as against the same the petitioner has preferred an appeal in W.A.No.134 of 2009, which was also dismissed and further, a review application is filed and the same is pending.

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From the foregoing reasons, since a similar matter was dismissed before this Court in W.P.No.6685 of 2007 and a Division Bench of this Court has also confirmed the order passed by this Court. and since a review application is pending before this Court, if the review application is ordered in favor of the petitioner therein, the same may be extended to the petitioner herein and the petitioner may be entitled to avail the benefit.

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With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy// Sub Assistant Registrar

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ssb

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Secretary to Government Union of India

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Department of Road Transport & Highways Transport Bhavan, No.1, Parliament Street, New Delhi 110 001.

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The Secretary to Government, State of Tamil Nadu Transport Department, Fort St.George, Chennai 600 009.

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The Regional Transport Officer(North West) Anna Nagar, Chennai 600 102.

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The Regional Transport Officer, Thiruvallur, Through Motor Vehicle Inspector, Unit office, red Hills Chennai 52.

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+1cc to Mr.G.Baskaran, Advocate SR.No. 56296 +1cc to M/s.G.R.Associates , Advocate SR.No. 56315

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+1 cc to Government Pleader Sr.No. 56894

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W.P.No.18901 of 2008

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A.SK(13/08/2019)

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https://hcservices.ecourts.gov.in/hcservices/

As Per Order DT.26/09/2008 in v. Union of India Rep by Its

Case brief

What is this about?

What did the court decide?

As Per Order DT.26/09/2008 in v. Union of India Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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