MADRAS HC dismissed a writ petition challenging an order of the State Transport Appellate Tribunal, holding Article 226 petitions not maintainable against judicial officers in a District Judge rank, directing re-filing under Article 227.
Writ petition dismissed as not maintainable; petitioner directed to file Civil Revision Petition under Article 227.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P No.13417 of 2023 and WMP No.13093 of 2023
The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Limited, Coimbatore – 641 043
Petitioner
vs.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records pertaining to M.V.Appeal No.13 of 2022 dated 16.08.2022 dated 16.08.2022 on the fie of 2nd respondent Presiding Officer, State https://www.mhc.tn.gov.in/judis Transport Appellate Tribunal, Chennai.
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For Petitioner : Mr.M.Murali Vinodh For Respondents : Mr.Hari Krishnan for R1 Mrs.S.Mythreye Chandru Special Government Pleader for R3
O R D E R
This writ petition has been filed by the Tamil Nadu State
Transport Corporation challenging the order passed by the State Transport Appellate Tribunal, Chennai in M.V Appeal No.13 of 2022 dated 16.08.2022.
the notice of this Court and for proper appreciation, the relevant portions are extracted hereunder :-
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2.
2. The order challenged in the Writ Petition has been passed by the State Transport Appellate Tribunal consisting of a judicial officer in the rank of District Judge under Section 89(2) of the Motor Vehicles Act, 1988. The Hon-ble Supreme Court of India in Life Insurance Corporation of India vs Nandhini J. Shah [(2018) 15 SCC 356] has held that such judicial order would not be amenable to Writ of Certiorari under Article 226 of the Constitution of India, but the same could be impeached in proceedings under Article 227 of the Constitution of India before the Jurisdictional High Court.
3. In view of the aforesaid legal position, Registry is directed to deregister the Writ Petition and return the papers to Learned Counsel for the Petitioner so as to enable him to resubmit the same as Civil Revision Petition under Article 227 of the Constitution of India with necessary requirements as per the rules within a period of 15 days from the date of collecting papers from the Registry.
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judgment of the Apex Court, this Court has held that a writ petition
under Article 226 of the Constitution of India is not maintainable as
against the order passed by the Tribunal which is manned by a Judicial Officer in the Rank of a District Judge. The above order will
squarely apply to the facts of the present case and as a result, this writ petition must be dismissed as not maintainable. If at all, the petitioner wants to challenge the order passed by the Tribunal, it is left open to the petitioner to question the same by filing a Civil Revision Petition under Section 227 of the Constitution of India. The order was passed by the Tribunal on 16.08.2022 and hence, if the petitioner is advised to file a Civil Revision Petition, the same shall be filed within a period of 15 days from today.
02.06.2023
Index : Yes/No https://www.mhc.tn.gov.in/judis Internet : Yes/No
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Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No rka
Note : Issue order on 08.06.2023
To
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N. ANAND VENKATESH, J.
rka
W.P No.13417 of 2023
02.06.2023
3 issues framed by the court
Whether a writ petition under Article 226 is maintainable against an order passed by a State Transport Appellate Tribunal manned by a Judicial Officer in the rank of District Judge.
Whether such an order is amenable to Writ of Certiorari.
Whether the petition should be re-filed as a Civil Revision Petition under Article 227.
Colour shows how this judgement treated each authority
Life Insurance Corporation of India vs. Nandhini J. ShahReferred¶25
Life Insurance Corporation of India vs Nandhini J. Shah [(2018) 15 SCC 356] · Who else cites this
4 provisions across 2 enactments
The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Limited
T.Mahalingam
The Presiding Officer, State Transport Appellate Tribunal, Chennai
The Regional Transport Officer, Pollachi Region
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
