W.A.No.840 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2022
CORAM :
THE HON'BLE MR.M.DURAISWAMY, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.A.No.484 of 2022
The Tamil Nadu Driving School Owners Federation,
(Regd.No.559/2006)
rep. by its President,
No.6, Velayudha Street,
Nungambakkam,
Chennai-34. .. Appellant
Vs
The Transport Commissioner,
Ezhilagam,
Chepauk, Chennai-9. .. Respondent
Prayer: Appeal under Clause 15 of the Letters Patent against the
order dated 27.1.2022 passed in W.M.P.No.27671 of 2021 in
W.P.No.26215 of 2021.
For the Appellant : Mr.M.Palani
For the Respondent : Mr.A.V.Arun
Addl. Advocate General
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https://www.mhc.tn.gov.in/judis
W.A.No.840 of 2022
assisted by
Mr.V.Manoharan
Additional Govt. Pleader
JUDGMENT
(Delivered by the Hon'ble Chief Justice) Challenging the interim order passed in in W.M.P.No.27671 of 2021 in W.P.No.26215 of 2021, dated 27.1.2022, the writ petitioner has filed the above writ appeal.
2. It is brought to the notice of this court that originally the learned Single Judge granted an order of interim stay of the operation of Clause No.8.1.1 contained in the letter dated 11.11.2011. Subsequently, the interim order was vacated by order dated 27.1.2022. Challenging this order, the petitioner has filed the writ appeal.
3. Mr.M.Palani, learned counsel appearing for the appellant submitted that he has already made a mention before the learned Single Judge for taking up the writ petition in W.P.No.26215 of 2021 for final hearing on Monday. Further, on a perusal of the order ____________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.A.No.840 of 2022 dated 27.1.2022 passed in W.M.P.No.27671 of 2021, it is seen that the learned Single Judge while vacating the interim stay posted the main writ petition for final hearing.
4. Since the above writ appeal has been filed challenging the interim order passed by the learned Single Judge, we are of the considered view that instead of going into the merits of the order passed in W.M.P.No.27671 of 2021, it would be appropriate to request the learned Single Judge to dispose of the writ petition. Learned counsel on either side also submitted that such request may be made to the learned Single Judge to dispose of the writ petition at the earliest.
5. Having regard to the submissions made by learned counsel on either side, without going into the merits of the matter, we dispose of the writ appeal by requesting the learned Single Judge to take up the writ petition in W.P.No.26215 of 2021 and dispose of the same as expeditiously as possible, without being influenced by any of the observations made in the order impugned in the writ ____________ Page 3 of 5 https://www.mhc.tn.gov.in/judis W.A.No.840 of 2022 appeal. There will be no order as to costs. Consequently, C.M.P.Nos.3501 and 5017 of 2022 are closed.
(M.D., ACJ.) (S.M., J.)
14.09.2022
Index : No
sasi
To:
The Transport Commissioner,
Ezhilagam,
Chepauk, Chennai-9.
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https://www.mhc.tn.gov.in/judis W.A.No.840 of 2022 THE HON'BLE ACTING CHIEF JUSTICE AND SUNDER MOHAN, J.
(sasi) W.A.No.484 of 2022 14.09.2022 ____________ Page 5 of 5 https://www.mhc.tn.gov.in/judis