Petitioner seeking writ to remove delay in checking trucks transporting building materials. Court disposed of petition as petitioner's earlier representation was rejected by first respondent, allowing challenge to that rejection.
Writ Petition disposed of with liberty to challenge the rejection order of the first respondent.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2021
CORAM:
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.14305 of 2021 and
WMP(MD) No.11226 of 2021
M/s.London Dollar, Rep.by its Proprietor, Mr.RenjithBhasi, X/1110, Vellamkolli, Altharamoodu, Thiruvanathapuram, Kerala State-695102 ...Petitioner Vs.
3.The Assistant Director of Mines, Tirunelveli District. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to allow the trucks belongs to the petitioner company for transporting the building raw materials accompanied with valid and legal documents without any disturbance by the respondents on the basis of the representation dated 27.07.2021.
For Petitioner :Mr.C.Muthusaravanan For Respondents :Mr.D.Ghandiraj Government Advocate
O R D E R
The prayer sought for in this Writ Petition is for a Writ of Mandamus. The petitioner is transporting building raw materials between Tamil Nadu and Kerala State and in this regard, according to him, he is having valid permits to transport through number of vehicles owned by the petitioner, and when such movement of vehicles are undertaken between the border of State of Tamil Nadu and Kerala, https://hcservices.ecourts.gov.in/hcservices/ in the relevant check posts, the vehicles belong to the petitioner have been subjected to a longer period of halt, on the alleged
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reason that various legal documents are being verified.
2.Only in that context, the petitioner had given a representation on 27.07.2021 to the respondent, to consider the plea of the petitioner, to issue a suitable direction to the concerned official and staff of the check post concerned, to clear the vehicles of the petitioner as quickly as possible, without making the vehicles of the petitioner to halt in the check posts for a longer time.
3.Since the said representation of the petitioner has not been considered by the respondents, he has come forward by filing the present Writ Petition with the aforesaid prayer.
4.At the admission stage, Mr.D.Ghandiraj, the learned Government Advocate took notice for the respondents and he wanted some time to get instructions. Accordingly, the Writ Petition again came up for hearing today (07.09.2021).
5.The learned Government Advocate appearing for the respondents has submitted that, the representation submitted by the petitioner dated 27.07.2021, having been considered and rejected by the first respondent District Collector, stating that the reason as to why the plea raised by the petitioner cannot be considered and granted, by order dated 04.09.2021, in R.C.No.M3/16465/2021 and he has also produced the copy of the said rejection order dated 04.09.2021.
6.On receipt of the same and after having gone through the same, Mr.C.Muthusaravanan, the learned Counsel for the Petitioner would submit that, for reasonable cause, if the vehicles are intercepted and has been made to wait at the check post for want of verification of documents, it can be accepted and if the vehicles are kept halt for a longer time unnecessarily is a genuine grievance and the representation sent to the first respondent District Collector is not properly considered and therefore, the rejection order is liable to be set aside, he contended.
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Pleader passed by the first respondent dated 04.09.2021 in the manner known to law, if he is advised to do so. No Costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar (CRL)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
vrn/tmg
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
3.The Assistant Director of Mines, Tirunelveli District.
+1 CC to M/s.GP ( SR-28506[F] dated 08/09/2021 )
W.P.(MD)No.14305 of 2021 and MP(MD) No.11226 of 2021 07.09.2021
RD(25.10.2021) 3P 5C
1 issue framed by the court
Whether a Writ of Mandamus should be issued directing respondents to allow trucks for transporting building raw materials without delay at check posts based on petitioner's representation.
1 provisions across 1 enactments
M/s. London Dollar
The District Collector, Tirunelveli District
The Superintendent of Police, Tirunelveli District
The Assistant Director of Mines, Tirunelveli District
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
