Petitioners sought contract carriage permits for five-seater share auto-rickshaws in Karur District, arguing that 16 of the 50 sanctioned permits had lapsed. The court directed the transport authorities to consider their applications in place of lapsed permits within six weeks.
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W.P.(MD)Nos.6565 and 6566 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)Nos.6565 & 6566 of 2024
W.P.(MD)No.6565 of 2024
K.Sathiya Bhavani
... Petitioner
Vs.
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the second respondent herein to accept the application of the petitioner, dated 24.11.2023 and grant the contract carriage permit for the petition mentioned share autorikshaw.
W.P.(MD)Nos.6565 and 6566 of 2024
For Petitioner : Mr.J.Nanthakumar
For Respondents : Mrs.D.Farjana Ghoushia, Special Government Pleader
W.P.(MD)No.6566 of 2024
B.Vanitha
... Petitioner
Vs.
... Respondents
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent herein to receive the application of the petitioner dated 24.11.2023 and grant the contract carriage permit for the petition mentioned share auto-rickshaw.
For Petitioner : Mr.J.Nanthakumar For Respondents : Mrs.D.Farjana Ghoushia, Special Government Pleader
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W.P.(MD)Nos.6565 and 6566 of 2024
COMMON ORDER
The Government of Tamil Nadu has introduced five seater
share auto rickshaw permits to be operated in Chennai City and other District Headquarters vide Government Order in G.O.MS.No.277, Home (Transport -VI) Department, dated 22.03.2001 and the same was communicated to the Regional Transport Authorities for the issuance of permits to 100 share auto in case of Chennai Metropolitan City and 50 permits each to the other District headquarters. The petitioners have submitted applications seeking Contract Carriage Permits for operating 5 seater auto-rickshaws in Karur District. But, the second respondent has not considered the same. Therefore, the petitioners are before this Court.
2.The learned counsel appearing for the petitioners submits
that though 50 share auto-rickshaws have been granted permits, as on
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date, 34 share auto-rickshaws are running with permits and the owners of 16 auto-rickshaws have not renewed their permits and these permits have now been lapsed, in view of the provisions under Section 81(2) of the Motor Vehicles Act and therefore, the second respondent can grant permit to 16 more 5 seater auto-rickshaws.
Pleader, takes notice for the respondents and submits that they have already given permits to 50 auto-rickshaws and therefore, the applications of the petitioners cannot be considered in view of G.O.Ms.No.277, dated 22.03.2001. She further submits that though time limit has been prescribed under Section 81(2) of the Motor Vehicles Act, as per Section 81(3) of the Motor Vehicles Act, the application for renewal of permit can be entertained on good and sufficient cause for the delay in filing the application.
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W.P.(MD)Nos.6565 and 6566 of 2024
5.As per G.O.Ms.No.277, Home (Transport-VI)
Department, dated 22.03.2001, the Government has restricted the permits of 5 seater Auto-rickshaws at Chennai Metropolitan City and other areas as 100 and 50 respectively. The respondents claim that in Karur District, they have already granted permits to 50 five seater autorickshaws.
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W.P.(MD)Nos.6565 and 6566 of 2024
with a direction to the respondents to consider the case of the petitioners in the place of lapsed permits, within a period of six weeks from the date of receipt of a copy of this order. No costs.
19.03.2024
NCC : Yes / No. Index : Yes / No. Internet : Yes / No. vrn
To
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W.P.(MD)Nos.6565 and 6566 of 2024
B.PUGALENDHI, J.
vrn
Common Order made in W.P.(MD)Nos.6565 & 6566 of 2024
19.03.2024 (1/2)
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1 issue framed by the court
Whether the respondents should consider the petitioners' applications for contract carriage permits for 5-seater share auto-rickshaws against lapsed permits in Karur District.
2 provisions across 1 enactments
K.Sathiya Bhavani
B.Vanitha
The Regional Transport Authority, Collectorate, Karur
The Regional Transport Officer, The Regional Transport Office, Karur
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
