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2025 DAILYLAW 49957 (MAD)

J.KANAGARAJAN v. STATE TRANSPORT AUTHORITY

WP/14067/2025 · 2025-06-19

N Mala

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP.No.14067 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.06.2025 CORAM THE HONOURABLE MRS.JUSTICE N.MALA WP.No. 14067 of 2025 J.Kanagarajan 10, East Main Street, Thiruvaur, Thiruvarur District. Petitioner(s) Vs The State Transport Authority Guindy, Chennai-32. Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondent herein to accept the surrender of petitioners contract carriage omni bus permit application dated 25.05.2022 and issue TCC to the petitioner's vehicle TN-50/F-9666. For Petitioner: Mr.K.Hariharan For Respondent: Mr.V. Manoharan, Additional Government Pleader 1/6 https://www.mhc.tn.gov.in/judis WP.No.14067 of 2025 ORDER This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent herein to accept the surrender of petitioners contract carriage omni bus permit application dated 25.05.2022 and issue TCC to the petitioner's vehicle TN-50/F-9666. 2. The petitioner held a contract carriage omni bus permit issued by the respondent herein, which was valid up to the year 2024. Due to Covid 19 pandemic and loss in transport business, the petitioner decided to surrender the permit. Accordingly, on 25.05.2022, the petitioner applied for surrender of permit to the respondent herein, with further request to issue tax clearance certificate for the vehicle, for the purpose of selling the same. The respondent kept the surrender application pending without consideration. In the meantime the permit lapsed on 25.12.2024. On 04.02.2025, the petitioner sent a letter to the respondent informing about the lapse of permit and further requested TCC for the bus to enable the petitioner to sell the vehicle. The respondent till date 2/6 https://www.mhc.tn.gov.in/judis WP.No.14067 of 2025 neither accepted the surrender of permit nor issued TCC for the vehicle, hence the petitioner was constrained to file the above writ petition. 3. Learned counsel for the petitioner submits that as per Rule 204 of Tamil Nadu Motor Vehicle Rules, 1989, the respondent was bound to accept the surrender of permit and issue TCC to the vehicle, on receipt of the surrender application. The counsel submits that as the respondent failed in his statutory duty, the petitioner was constrained to approach this Court. The counsel further submitted that due to unexplained and unjustified delay, the petitioner is put to great hardship as the value of the bus is depreciating day by day. The counsel therefore submits that the writ petition be allowed. 4. Learned Government Advocate appearing for the respondent would submit that the petitioner's application for surrender of contract carriage omni bus permit dated 25.05.2022, would be considered on merits and in accordance with law, within a time frame stipulated by this Court. 3/6 https://www.mhc.tn.gov.in/judis WP.No.14067 of 2025 5. Heard the learned counsel on either side and perused the materials available on record. 6. Under the facts and circumstance of the case, without going into the merits of the case, the respondent is directed to consider the petitioner's application dated 25.02.2025, for surrender of contract carriage omni bus permit and for issuance of TCC for the petitioner's vehicle bearing vehicle number TN- 50/F-9666 on merits, in accordance with law, and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order. In the result, the writ petition stands disposed of with the above observations and direction. No costs. 19.06.2025 smn Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No 4/6 https://www.mhc.tn.gov.in/judis WP.No.14067 of 2025 To The State Transport Authority Guindy, Chennai-32. 5/6 https://www.mhc.tn.gov.in/judis WP.No.14067 of 2025 N.MALA, J. smn WP.No.14067 of 2025 19.06. 2025 6/6 https://www.mhc.tn.gov.in/judis