The General Manager vs T.Mahalingam
2023 Latest Caselaw 5266 Mad

                                                       1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 02.06.2023

                                                   CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                            W.P No.13417 of 2023
                                          and WMP No.13093 of 2023

                  The General Manager,
                  Tamil Nadu State Transport
                  Corporation (Coimbatore) Limited,
                  Coimbatore – 641 043
                                                                              Petitioner
                                                     vs.

                  1. T.Mahalingam,
                     Prop. Velmurugan Bus Service,
                     100, Palladam Road,
                     Pollachi, Coimbatore District – 642 002.

                  2. The Presiding Officer,
                     State Transport Appellate Tribunal,
                     Chennai

                  3. The Regional Transport Officer,
                     Pollachi Region,
                     Coimbatore District                                 Respondents
                  Prayer: Writ Petition filed under Article 226 of the Constitution of
                  India for issuance of a Writ of Certiorari to call for the records
                  pertaining to M.V.Appeal No.13 of 2022 dated 16.08.2022 dated
                  16.08.2022 on the fie of 2nd respondent Presiding Officer, State
                  Transport Appellate Tribunal, Chennai.
https://www.mhc.tn.gov.in/judis
                                                         2



                                  For Petitioner   :     Mr.M.Murali Vinodh
                                  For Respondents :      Mr.Hari Krishnan for R1
                                                         Mrs.S.Mythreye Chandru
                                                         Special Government Pleader
                                                         for R3


                                                       ORDER

This writ petition has been filed by the Tamil Nadu State

Transport Corporation challenging the order passed by the State

Transport Appellate Tribunal, Chennai in M.V Appeal No.13 of 2022

dated 16.08.2022.

2. Heard Mr.M.Murali Vinodh, learned counsel for petitioner

and Mr.Hari Krishnan, learned counsel for 1st respondent and

Mrs.S.Mythreye Chandru, learned Special Government Pleader for R3.

3. The order passed in WP No.2123 of 2019 was brought to

the notice of this Court and for proper appreciation, the relevant

portions are extracted hereunder :-

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

2. The order challenged in the Writ Petition has been passed by the State Transport Appellate Tribunal consisting of a judicial officer in the rank of District Judge under Section 89(2) of the Motor Vehicles Act, 1988. The Hon-ble Supreme Court of India in Life Insurance Corporation of India ~vs~ Nandhini J. Shah [(2018) 15 SCC 356] has held that such judicial order would not be amenable to Writ of Certiorari under Article 226 of the Constitution of India, but the same could be impeached in proceedings under Article 227 of the Constitution of India before the Jurisdictional High Court.

3. In view of the aforesaid legal position, Registry is directed to de~register the Writ Petition and return the papers to Learned Counsel for the Petitioner so as to enable him to re~submit the same as Civil Revision Petition under Article 227 of the Constitution of India with necessary requirements as per the rules within a period of 15 days from the date of collecting papers from the Registry.

4. It is clear from the above order that relying upon the https://www.mhc.tn.gov.in/judis

judgment of the Apex Court, this Court has held that a writ petition

under Article 226 of the Constitution of India is not maintainable as

against the order passed by the Tribunal which is manned by a

Judicial Officer in the Rank of a District Judge. The above order will

squarely apply to the facts of the present case and as a result, this

writ petition must be dismissed as not maintainable. If at all, the

petitioner wants to challenge the order passed by the Tribunal, it is

left open to the petitioner to question the same by filing a Civil

Revision Petition under Section 227 of the Constitution of India. The

order was passed by the Tribunal on 16.08.2022 and hence, if the

petitioner is advised to file a Civil Revision Petition, the same shall

be filed within a period of 15 days from today.

5. This writ petition is disposed of with the above

directions. No costs. Consequently, the connected miscellaneous

petition is closed.

                                                                           02.06.2023
                 Index            : Yes/No
                 Internet

https://www.mhc.tn.gov.in/judis : Yes/No

Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No rka Note : Issue order on 08.06.2023

To

1. The Presiding Officer, State Transport Appellate Tribunal, Chennai

2. The Regional Transport Officer, Pollachi Region, Coimbatore District

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

N. ANAND VENKATESH, J.

rka

W.P No.13417 of 2023

02.06.2023 https://www.mhc.tn.gov.in/judis