Madras High Court
The Tamil Nadu Driving School ... vs The Transport Commissioner on 14 September, 2022
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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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
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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
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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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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
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