Madras High Court
P.Samiappa Gounder vs The State Transport Authority on 2 February, 2023
W.P.No.32423 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 2.2.2023
CORAM
THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR
W.P.No.32423 of 2018
and W.M.P.No.37620 of 2018
P.Samiappa Gounder ... Petitioner
Vs.
1. The State Transport Authority,
Ezhilagam, Chepauk,
Chennai – 600 005.
2. The Regional Transport Authority
Erode Region, Collectorate,
Erode.
3. The Assistant Secretary
State Transport Authority, Chennai at
Perundurai, Erode District.
4 The Tamil Nadu State Transport Corporation
(CBE.DIVISION) Ltd. Rep. by its Managing Director
Mettupalayam Road, Coimbatore 641 043 ... Respondents
Prayer: The Writ Petition is filed under Article 226 of the Constitution of India,
seeking for a Writ of Certiorari, calling for the records of the 3rd respondent
dated 13.06.2018 made in R.No.12923/A2.2018 and quash the same.
For Petitioner : Mr.M.Kalyanasundaram
Senior Counsel for
Mr.T.Padmanabhan
For Respondent No.1 to 3 : Mr.K.Karthik Jeganath, G.A.
For Respondent No.4 : Mr.A.Sundaravadhanam
******
https://www.mhc.tn.gov.in/judis
1/4
W.P.No.32423 of 2018
ORDER
Challenging the impugned order passed by the third respondent in
fixing the timing of plying the vehicle bearing registration No.TN 38 N 2900, the
petitioner has filed the instant writ petition before this Court.
2. The petitioner relied on the judgment of this Court in Ms.Selvi Vs.
The Regional Transport Authority, Theni District, Theni [W.P.(MD) No.14446
and 14447 of 2011 dated 9.3.2012] holding that Section 5 of Limitation Act is
not applicable to the appeals filed before the Tribunal as against the orders passed
by the Regional Transport Authority, however, authorities may consider and
entertain the appeal condoning the delay since the appeal is a statutory remedy.
3. Such view of the matter, the petitioner is directed to file an
appeal within a period of two weeks from the date of receipt of copy of the order
along with an application to condone the delay in filing the appeal before the
Appellate authority. The Appellate Authority may consider the appeal and pass
orders on merit and in accordance with law. The period between the date of writ
petition filed and the final order passed by this Court shall be excluded since the
petitioner bonafidely pursuing the remedy before this Court.
https://www.mhc.tn.gov.in/judis
W.P.No.32423 of 2018
4. With the above directions, the writ petition stands disposed. No
costs. Connected miscellaneous petition is also closed.
2.2.2023
Speaking/Non Speaking order
Neutral citation: Yes/No
Index: Yes/No
vaan
To
1. The State Transport Authority,
Ezhilagam, Chepauk, Chennai – 600 005.
2. The Regional Transport Authority
Erode Region, Collectorate, Erode.
3. The Assistant Secretary
State Transport Authority, Chennai at Perundurai, Erode District.
4 The Managing Director
The Tamil Nadu State Transport Corporation (CBE.DIVISION) Ltd.
Mettupalayam Road, Coimbatore 641 043.
https://www.mhc.tn.gov.in/judis
W.P.No.32423 of 2018
N.SATHISH KUMAR, J.
vaan
W.P.No.32423 of 2018
and W.M.P.No.37620 of 2018
Dated: 2.2.2023
https://www.mhc.tn.gov.in/judis
