The Regional Transport Officer vs T.Mahalingam
2023 Latest Caselaw 4070 Mad

                                                                                               W.P.No.7450 of 2023

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 11.04.2023

                                                           CORAM :

                                  THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                     W.P.No.7450 of 2023
                                                   and WMP No.7530 of 2023


            The Regional Transport Officer
            Pollachi Region
            Coimbatore District.                                                                  ... Petitioner


                                                          -Vs-



            T.Mahalingam
            Prop.Velmurugan Bus Service
            100, Palladam Road
            Pollachi
            Coimbatore District 642002.                                                   ..        Respondent



                      Writ Petition under Article 226 of the Constitution of India praying for the issuance of
            a Writ of Certiorari, to call for the records pertaining to M.V.Appeal No.13 of 2022 dated
            16.08.2022 on the file of Presiding Officer, State Transport Appellate Tribunal, Cehnnai and
            quash the same as illegal, arbitrary and non-est in law.


                                  For Petitioner     Mr.C.Selvaraj
                                                     Additional Government Pleader

                                  For Respondent     Mr.Hariharan




https://www.mhc.tn.gov.in/judis
                                                           Page 1 of 4
                                                                                              W.P.No.7450 of 2023



                                                        ORDER

This writ petition has been filed by the Regional Transport Officer, challenging the

order passed by the State Transport Appellate Tribunal in M.V.Appeal No.13 of 2022, dated

16.08.2022.

2.When the matter was taken up for hearing, the learned counsel appearing on behalf

of the petitioner questioned the very maintainability of the writ petition that has been filed by

the Regional Transport Officer. The learned counsel also brought to the notice of this Court

the judgment of the Division Bench in W.A.Nos.867 and 868 of 2007, dated 06.01.2009,

wherein, the Division Bench has held that the Regional Transport Authority does not have the

locus standi to maintain the writ petition as against the order passed by the State Transport

Appellate Tribunal.

3.It is brought to the notice of this Court that the Transport Corporation viz., the Tamil

Nadu State Transport Corporation, Coimbatore has independently challenged the order

passed by the State Transport Appellate Tribunal.

4.In the considered view of this Court, the writ petition filed by the Regional Transport

Officer is not maintainable in view of the Division Bench judgment referred supra. The above

Division Bench judgment merely followed the earlier judgment of this Court in Regional

Transport Authority, Namakkal Region .v. State Transport Appellate Tribunal,

Madras and three others reported in AIR 1995 Mad 226. Hence, this writ petition has to

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

W.P.No.7450 of 2023

be dismissed on the ground that it is not maintainable.

5.In the result, this writ petition stands dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

                                                                                               11.04.2023
            KP
            Internet      : Yes/No
            Index         : Yes/No
            Speaking Order:Yes/No
            Neutral Citation :Yes/No




                                                                              N.ANAND VENKATESH, J.


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

                                                      W.P.No.7450 of 2023

                                                                      KP




                                                W.P.No.7450 of 2023




                                                         11.04.2023




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