Madras High Court
The Government Of Tamil Nadu vs D.Shahul Hameed on 29 April, 2021
W.A.(MD)No.1100 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MRS.JUSTICE B.PUGALENDHI
W.A.(MD)No.1100 of 2020
and
C.M.P.(MD)No.6001 of 2020
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Home Department,
Fort St.George,
Chennai - 600 009.
2.The State Transport Appellate Tribunal,
Chennai - 600 109. : Appellants
Vs.
D.Shahul Hameed : Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
order dated 01.08.2018 made in W.P.(MD)No.6596 of 2013.
For Appellants : Mrs.J.Padmavathi Devi
Special Government Pleader
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W.A.(MD)No.1100 of 2020
JUDGMENT
(Judgment of the Court was delivered by B.PUGALENDHI, J.)
This writ appeal is filed by the State as against the order passed by the
learned Single Judge in W.P.(MD)No.6596 of 2013, dated 01.08.2018. The said
writ petition was filed challenging the Government Order passed in G.O.Ms.No.
136, Home (Transport III) Department, dated 23.02.2011, published in the Tamil
Nadu Government Extraordinary Gazette No.69, dated 23.02.2011.
2. Challenging the very same Government Order, yet another writ petition in
W.P.(MD)No.2893 of 2011 was filed and this Court, by order dated 18.04.2018,
allowed the writ petition and quashed the Government Order. Placing reliance
upon this order, the learned Single Judge allowed the present writ petition, which
is impugned herein.
3. The writ petition in W.P.(MD)No.2893 of 2011 was allowed by the
learned Single Judge, by holding that the power exercisable by the authority under
Sections 100 & 102 of the Motor Vehicles Act, 1988, are quasi-judicial in nature.
Since the approval / modification has been made by the authority, who has not
heard the objections, the learned Single Judge held that it is in violation of
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W.A.(MD)No.1100 of 2020
principles of natural justice, set aside the Government Order in G.O.Ms.No.136,
Home (Transport III) Department, dated 23.02.2011. As against this order passed
in W.P.(MD)No.2893 of 2011, the State preferred an appeal in W.A.(MD)No.13 of
2020 and a Division Bench of this Court, by judgment dated 07.01.2020,
dismissed the writ appeal holding that there is no error or irregularity in the order
passed in W.P.(MD)No.2893 of 2011.
4. Since a Division Bench of this Court has already upheld the order passed
in W.P.(MD)No.2893 of 2011 quashing the Government Order in G.O.Ms.No.136,
Home (Transport III) Department, dated 23.02.2011, we are not inclined to
interfere with the impugned order passed in W.P.(MD)No.6596 of 2013, which
also deals with the very same issue.
5. In fine, this writ appeal stands dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
Index : Yes / No [N.K.K.,J.] [B.P.,J.]
Internet : Yes 29.04.2021
gk
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W.A.(MD)No.1100 of 2020
N.KIRUBAKARAN, J.
AND
B.PUGALENDHI, J.
gk
W.A.(MD)No.1100 of 2020
29.04.2021
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