C.Kannagi vs The Regional Transport Officer
2023 Latest Caselaw 9234 Mad

                                                                            W.P.(MD).No.18345 of 2023



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 28.07.2023

                                                       CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                            W.P.(MD).No.18345 of 2023


                C.Kannagi                                                     ... Petitioner

                                                        Vs.

                The Regional Transport Officer,
                Palani,
                Dindigul District.                                             ... Respondent

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the respondent to
                receive the application of the petitioner dated 28.06.2023 for replacing the
                existing vehicle bearing Registration No.TN-57AR-5775, plying on the route
                Palani to Madurai, by new model vehicle of the year 2023.


                                      For Petitioner    : Mr.M.Palani

                                      For Respondent    : Mr.B.Saravanan,
                                                          Additional Government Pleader.




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https://www.mhc.tn.gov.in/judis
                                                                                 W.P.(MD).No.18345 of 2023




                                                      ORDER

This Writ Petition is filed for Mandamus, directing the respondent to

receive the application of the petitioner dated 28.06.2023 for replacing the

existing vehicle bearing Registration No.TN-57AR-5775, plying on the route

Palani to Madurai, by new model vehicle of the year 2023.

2. The respondent is not entertaining the application by citing the interim

order of status quo granted in the review application filed by the petitioner. In

the review application, the petitioner has raised jurisdiction of Regional

Transport Officer, Palani. The subject matter in the review application is

different. In the present case, the petitioner is seeking to replace the vehicle

and the respondent is mixing up the issue.

3. Similar issue was considered by the Hon’ble Division Bench of this

Court vide order dated 25.08.2010 in W.A.(MD)No.39 of 2010 in the case of

R.Chandrakala Vs. RTO, Dindigul.

4. Therefore, this Court directs the respondent to entertain the application

without referring to the review application. The respondents are directed to

https://www.mhc.tn.gov.in/judis W.P.(MD).No.18345 of 2023

consider and pass orders in the light of the judgment passed in Writ Appeal,

W.A.(MD)No.39 of 2010. The said exercise shall be completed within a period

of one (1) week from the date of receipt of a copy of this order.

5. In view of the above, this Writ Petition is allowed. There shall be no

order as to costs.

                                                                                    28.07.2023


                NCC               : Yes/No
                Index             : Yes / No
                Internet          : Yes/ No
                Nsr

Note: Issue Order Copy on 31.07.2023.

To

The Regional Transport Officer, Palani, Dindigul District.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.18345 of 2023

S.SRIMATHY, J.

Nsr

W.P.(MD).No.18345 of 2023

28.07.2023

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