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2012 DIGILAW 7 (MAD)

Parveen Travels (P) LTD Pursawalkam v. Transport Commissioner STA Chepauk Chennai

2012-01-02

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of mandamus, directing the respondent to consider the petitioners application dated 4.1.2011 for grant of Omni Bus/ Contract Carriage/ All India permit with regard to the 04 Sleeper Coaches. 2. It is the case of the petitioner that it is a Contract Carriage operator having both contract carriage permit and All India Tourist Permits issued by the Transport Commissioner, Chennai. The other States are allowing the permit for sleeper coaches, which prompted the petitioner to buy sleeper coaches. The petitioner applied to the respondent for grant of permit for sleeper coaches, after it fulfilled the necessary requirements for grant of the permit. 3. Learned counsel for the petitioner contends that the application moved by the petitioner is as per the provisions of Section 80 of the Motor Vehicles Act, 1988, which imposes statutory duty on the respondent, to consider the application in accordance with law to grant sleeper licence or in alternative to pass a detailed speaking order in case the request is to be rejected, so as to permit the petitioner to avail statutory appeal provided under the Act. 4. The respondent cannot sleep over the matter without taking a final decision thereon. 5. The averments made in the application clearly shows that the application is moved under Section 80 of the Motor Vehicles Act, which imposes statutory duty for the respondent to consider the application. 6. Consequently, the writ petition is allowed. The writ in the nature of mandamus is issued directing the respondent to take a final decision on the application dated 4.1.2011 moved by the petitioner, by granting permit or in the alternative to pass a detailed speaking order, in case the application is rejected. 7. No costs.