The Regional Transport Officer vs S.Venkateswari
2021 Latest Caselaw 9444 Mad

                                                                             W.A.Nos.1819 & 1820 of 2017

                                   IN THE HIGH COURT OF JUDICIATURE AT MADRAS

                                                   DATED : 09.04.2021

                                                          CORAM :

                                        THE HONOURABLE MR.JUSTICE T.RAJA
                                                     and
                                    THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                             W.A.Nos.1819 & 1820 of 2017


                     1.The Regional Transport Officer,
                       Salem (West), Salem.

                     2.The Motor Vehicles Inspector,
                       Regional Transport Office,
                       Salem (West), Salem.          ... Appellants in both appeals

                                                              versus

                     S.Venkateswari                       ... Respondent in W.A. No.1819 of 2017

                     P.K.Venkatesan                       ... Respondent in W.A. No.1820 of 2017
                     Prayer in both the Writ Appeals: Appeal filed under Clause 15 of the
                     Letters Patent to set aside the order dated 09.08.2017 made in W.P.
                     Nos.21244 & 21243 of 2017 and allow the writ appeals.


                               For Appellants in all cases:       Mr.K.Magesh,
                                                                  Special Government Pleader

                               For Respondents in all cases:      No appearance

                                                  COMMON JUDGMENT

                                    (Judgment of this Court was delivered by T.RAJA,J.)

                               The writ appeals have been filed to set aside the order dated

                     09.08.2017 passed by the learned Single Judge in W.P. Nos.21244 &

                     21243 of 2017.

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                                                                           W.A.Nos.1819 & 1820 of 2017

                               2.Learned Special Government Pleader appearing for the appellants

                     submitted that since the writ appeals have been filed way back in the year

                     2017 and there was no fault on the part of the appellants, the enquiry has

                     not commenced as stated in condition No.v of the order dated 09.08.2017

                     passed by the learned Single Judge of this Court.



                               3.When the learned Single Judge has passed conditional order on

                     09.08.2017 in the above writ petitions directing the appellants to proceed

                     with the enquiry and pass appropriate orders in the manner known to law,

                     without holding any enquiry as directed in condition No.v, the appellants

                     cannot approach this Court. Moreover, in paragraph No.7, the learned

                     Government Advocate appearing for the respondents submitted before the

                     learned Single Judge that he has no objection for releasing the vehicle

                     imposing usual conditions. Though sufficient time has been given to the

                     appellants to proceed with the enquiry and the learned Government

                     Advocate appearing for the respondents therein has no objection for

                     releasing the vehicle imposing usual conditions, the appellants have not

                     come forward to proceed with the enquiry. If the appellants have

                     proceeded with the enquiry as directed by this Court, there is no need to

                     file these appeals. Therefore, we are unable to find any infirmity in the

                     order passed by the learned Single Judge of this Court.



                               4.Accordingly, the writ appeals are dismissed. No costs.

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                                                                        W.A.Nos.1819 & 1820 of 2017

                               5.Needless to mention that the appellants shall proceed with the

                     enquiry as ordered by the learned Single Judge in condition No.v.




                                                                   [T.R.,J]   [V.S.G.,J]
                                                                        09.04.2021

                     vga




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                                          W.A.Nos.1819 & 1820 of 2017

                                                     T.RAJA,J.

and V.SIVAGNANAM,J.

vga

W.A.Nos.1819 & 1820 of 2017

09.04.2021

https://www.mhc.tn.gov.in/judis/