This order dismisses a writ petition where the State Transport Authority suspended a mini-bus permit due to route violation and failure to produce certificates. The High Court upheld the suspension, rejecting malafide allegations and a request to revive a statute barred appeal.
The writ petition was dismissed with no costs as acknowledged.
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 : 08.01.2019
CORAM
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
W.P. 27927 of 2018 and W.M.P. 32487 of 2018
M.Chinnathambi ... Petitioner
Vs
1. The Secretary,
Regional Transport Authority,
Perambalur.
2. The Motor Vehicles Grade-I,
Regional Transport Office,
Perambalur. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the
Constitution of India, praying to issue a Writ of Certiorari to
call for the records of the 1 st respondent in R.No.28665/A3/2017,
dated 28.11.2017 and to quash the same.
For Petitioner : Mr.R.Gokulakrishnan
For Respondents : Mr.R.Govindasamy,
Special Government Pleader
O R D E R
This Writ Petition has been filed challenging the order passed by the 1st respondent suspending the petitioner's mini bus permit for the period of 7 days under Sec.86(1) of the Motor Vehicles Act, 1988.
reply admitting that on the date of inspection, due to heavy rain, the petitioner could not operate the bus in the original route, but he has given an undertaking that in future, he will operate the bus as per the permit condition. As the explanation was not satisfactory, the 1st respondent had passed the impugned order suspending the petitioner's permit for the period of seven days by an order dated 28.11.2017.
passed by the 1st respondent. Therefore, the present Writ Petition is liable to dismissed.
Sd/-
Assistant Registrar (CS-III)
//True Copy//
Sub Assistant Registrar
rpp
To
1. The Secretary,
Regional Transport Authority,
Perambalur.
2. The Motor Vehicles Grade-I,
Regional Transport Office,
Perambalur.
+1cc to Mr.R.Gokulakrishnan, Advocate, S.R.No. 1777
+1cc to the Government Pleader, S.R.No. 2314
W.P. 27927 of 2018 and W.M.P. 32487 of 2018 VBA(CO) GN(15/03/2019)
2 issues framed by the court
Whether the suspension of the petitioner's permit for violating permit conditions was illegal or motivated by malafide intent.
Whether the impugned order should be remitted to restrict the suspension period to one week.
3 provisions across 3 enactments
M. Chinnathambi
The Secretary, Regional Transport Authority, Perambalur
The Motor Vehicles Grade-I, Regional Transport Office, Perambalur
V.Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
