BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/10/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P(MD)No.9291 of 2008 K.Gopalakrishnan . . . Petitioner Vs. 1.The Special Commissioner for Transport, Chepauk, Chennai. 2.The Assistant Licensing Authority, Regional Transport Office, Kadalayur Road, Kovilpatti, Tuticorin District. . . . Respondents PRAYER Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, to direct the second respondent to renew the petitioner license No.R/TN/69Z/001 868/2002 (Original driving license No.211/TN/69Z/986) within a stipulated time. !For Petitioner ... Mr.B.Pugalendhi ^For Respondents... Mr.R.Janakiramulu, Spl. Govt. Pleader * * * * :ORDER
Heard the learned counsel appearing for the petitioner and also
Mr.R.Janakiramulu, learned Special Government Pleader, who took notice on behalf
of the respondents.
2. The gist and kernel, the pith and marrow of the grievance of the
petitioner as stood exposited from the affidavit accompanying the petition and
as aired by the learned counsel for the petitioner could be set out thus:
The petitioner is aged about 41 years and he was holding driver license to
drive heavy goods vehicle viz., lorry. When he applied for renewal, the
authorities rejected on the main ground that even before attaining the age of
twenty years, he got heavy passenger vehicle licence and goods vehicle licence,
which were against law.
3. The learned counsel appearing for the petitioner by inviting the
attention of this Court to the letter sent by the Transport Commissioner to his
subordinates dated 18.09.2006, would develop his arguments that earlier this
Court directed the transport authorities to renew the licences of individuals,
who already got such Heavy Vehicle license, even before attainment of 20 years
without conducting tests.
4. Hence, in this factual matrix, I am of the considered opinion that the
following direction could be given:
The authorities concerned adhering to the said letter dated 18.09.2006
issued by the Transport Commissioner, consider the case of the petitioner and
pass orders within a period of 15 days from the date of receipt of a copy of
this order.
5. With the above direction, this writ petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.
smn
To
1.The Special Commissioner for
Transport, Chepauk, Chennai.
2.The Assistant Licensing Authority,
Regional Transport Office,
Kadalayur Road, Kovilpatti,
Tuticorin District.