Disposed

Mohana Sundaram.v v. the Secretary

Madras HC7 Sept 2021WP(MD)/16030/2021

Case brief

AI extract

What is this about?

This writ petition sought a mandate to direct the Regional Transport Authority to decide the petitioner's request for a route deviation for his mini bus permit due to bad road conditions. The court directed the authority to decide within eight weeks.

What did the court decide?

Respondents directed to consider the representation and pass orders within eight weeks of receiving the order.

Mohana Sundaram.v Vs the Secretary — Pension and Retirement Benefits | Madras HC (2021)

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W.P.(MD)No.16030 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2021 CORAM

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THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16030 of 2021

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(Through Video Conference)

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V.Mohana Sundaram ... Petitioner

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-Vs-

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1.The Secretary,

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The Regional Transport Authority, Thanjavur District.

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2.The Regional Transport Authority,

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Thanjavur District. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to consider and dispose of the petitioner's representation dated 15.06.2021, so as enable to the petitioner to ply his Mini Bus permit covered by the vehicle number TN-49-CA-6963 on deviated route from Thirukattupalli bus stand to Allur via Kandamangalam Government Middle School, Varagur alamaram Pillayar Kovil, Allur cross, and Allur Water tank.

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For Petitioner : Mr.T.Padmanabhan For Respondents : Mr.D.Ghandiraj Government Advocate

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ORDER

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Prayer sought for herein is for a writ of mandamus, directing the respondents herein to consider and dispose of the petitioner's representation dated 15.06.2021, so as enable to the petitioner to ply his Mini Bus permit covered by the vehicle number TN-49-CA-6963 on deviated route from Thirukattupalli bus stand to Allur via Kandamangalam Government Middle School, Varagur alamaram Pillayar Kovil, Allur cross, and Allur Water tank.

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2 .That the case of the petitioner is, the petitioner is having a mini bus permit for the route between Thirukattupalli bus stand to Allur via Swaminathapuram, Velankudi Cross, Kandamangalam Government Middle School, Varagur, Alamaram Pillayar Kovil, Allur Cross and Allur Water Tank. In that route the petitioner is plying the mini bus with Registration No.TN-49-CA-6963.

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3. In this context, it is the further case of the petitioner that the road between Thirukattupalli bus stand and Kandamangalam is very narrow, and it is a damaged road, therefor, it become very https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.16030 of 2021

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difficult for the driver to negotiate the mini bus in that route. Therefore, the petitioner, in order to have a small deviation, to ply the mini bus from Thirukattupalli bus stand to Kandamangalam Government Middle School without going via Swaminathapuram Velankudi Cross and in order to get necessary permission in the deviated route, the petitioner had given request on 15.06.2021 to the second respondent, and the same since has not been considered, and no orders have been passed thereon, the petitioner has approached this Court with the present writ petition with the aforesaid prayer.

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3. Heard Mr.T.Padmanabhan, learned counsel appearing for the petitioner, who, having reiterated the aforesaid, would seek indulgence of this Court to issue a writ of mandamus to consider his representation, and to pass orders thereon, on merits, within a time frame.

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4. Heard Mr.D.Ghandiraj, learned Government Advocate appearing for the respondents, who would submit on instructions that, the mini buses are being plied and for which permissions are granted by the Transport authorities only to serve the people, who are residing in nook and corner of various remote places, where regular bus routes are not provided. When that being so, whether the deviation sought for by the petitioner can be granted or not is a matter to be decided by the second respondent, and at any rate, let the copy of the said representation, dated 15.06.2021 along with a copy of the order that is going to be passed by this Court, be forwarded to the second respondent, who would consider the same and pass orders on merits, within a time frame that may be stipulated by this Court, he contended.

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5. I have considered the said submissions made by the learned counsel appearing for the parties and have perused the materials placed before this Court.

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6 .In view of the said submissions made by the learned counsel, especially, the learned Government Advocate appearing for the respondents, this Court is inclined to dispose of this writ petition with the following order:

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“that the second respondent is hereby directed to consider the representation of the petitioner, dated 15.06.2021, and pass orders thereon on merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to forward one more copy of the representation dated 15.06.2021 along with a copy of this order to the second respondent.”

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

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W.P.(MD)No.16030 of 2021

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7 .With these directions, this writ petition is disposed of. However, there shall be no order as to costs.

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Assistant Registrar (CS III)

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// True Copy //

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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.

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1.The Secretary, The Regional Transport Authority, Thanjavur District.

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2.The Regional Transport Authority, Thanjavur.

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+1 CC to M/s.T.PADMANABHAN, Advocate ( SR-28414[F] dated 07/09/2021 )

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+1 CC to M/s.The Special Government Pleader ( SR-28504[F] dated 08/09/2021 )

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W.P.(MD)No.16030 of 2021 07.09.2021

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RS (13.09.2021) 3P 5C

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

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Mohana Sundaram.v v. the Secretary

Case brief

What is this about?

What did the court decide?

Mohana Sundaram.v v. the Secretary

Case brief

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What did the court decide?

What the court decided

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