Madras High Court
R.Naveen Kumar vs The Regional Transport Officer on 25 March, 2025
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.10014 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2025
CORAM
THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.10014 of 2025
R.Naveen Kumar .... Petitioner
Vs.
The Regional Transport Officer
Salem East, Salem District.
...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondent herein to receive
the application of the petitioner dated 10.02.2025 in Form CCPA along with the
prescribed fee through online for the grant of Auto Rickshaw Permit to operate
the vehicle within radius of 30 K.M. distance from Yercaud Bus Stand, Yercaud,
Salem District and to consider the same.
For Petitioner : Mr.R.Srinivasalu
For Respondent : Mr.N.Naveen Kumar
Government Advocate
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:35:23 pm )
W.P.No.10014 of 2025
ORDER
The present writ petition has been filed for issuance of a writ of mandamus to direct the respondent herein to receive the application of the petitioner dated 10.02.2025 in Form CCPA along with the prescribed fee through online for the grant of Auto Rickshaw Permit to operate the vehicle within radius of 30 K.M. distance from Yercaud Bus Stand, Yercaud, Salem District and to consider the same.
2. Mr.N.Naveen Kumar, learned Government Advocate takes notice on behalf of the respondent. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that in the year 2010, the State Government of Tamil Nadu issued orders to grant permits immediately on receipt of the applications. Therefore, the restrictions for the grant of Auto rickshaw permits were removed. From 2010 onwards, a good number of permits were granted, which is a boon for the Auto rickshaw Sector as well as self-employment. In these circumstances, the petitioner aspired to secure a fresh permit for Auto rickshaw and subsequently, on 10.02.2025, the petitioner went to the office of the Regional Transport Officer, Salem East, Salem District, the respondent 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:35:23 pm ) W.P.No.10014 of 2025 herein, to submit the prescribed application for the grant of an Auto rickshaw Permit to operate the vehicle within 30 km radius distance from Yercaud Bus Stand, Yercaud, Salem District. Whereas to the petitioner surprise, the respondent refused to receive the application and fee. Further they orally informed that they have received instructions from the office of the Transport Commissioner, State Transport Authority, Chepauk, Chennai-5 not to grant any fresh permits for Auto rickshaws.
4. Learned counsel appearing for the petitioner would submit that this Court in W.P.No.12351 of 2020 was pleased to pass an order dated 06.10.2020 by quashing the Circular in Na.Ka.No.6213/2019, dated 21.11.2019, issued by the RTO, Salem, by holding that the respondent is directed to consider the application submitted by the petitioner for the grant of an auto rickshaw permits, and necessary orders shall be passed thereof.
5. In similar circumstances, this Court in W.P.Nos.14300 to 14305 of 2024 was pleased to pass an order dated 29.05.2024 by directing the respondent to receive the applications of the petitioner in Form CCPA along with the prescribed fee for the grant of an Auto Rickshaw Permit and consider the same on its own merits and in accordance with law and pass appropriate orders. 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:35:23 pm ) W.P.No.10014 of 2025
6. Learned counsel would further submit that till date the officials of the respondent refused to receive the petitioner's application. Even if the application is sent by post, the same will not be considered by the respondent. Hence, the present writ petition is filed.
7. Heard both sides and perused the materials available on record.
8. Learned counsel appearing for the petitioner as well as learned Government Advocate appearing for the respondent are at idem that the matter was covered by the order of this Court in W.P.Nos.14300 to 14305 of 2024 in the case of N.Javied and others Vs. The Regional Transport Officer, Salem East, Salem District and others, which held as follows:
“4. The issue involved in the present writ petitions were dealt in the earlier Writ Petition in W.P.No.18034 of 2020 dated 11.12.2020 and this Court had, issued direction to the concerned Regional Transport Officer to receive the application of the petitioner in Form CCPA along with the prescribed fee.
5. In the result, these writ petitions are disposed of, with a direction to the respondent to receive the applications of the petitioners dated 14.05.2024 in Form CCPA along with the prescribed fee for grant of Auto Rickshaw Permit and consider the same on its own merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. No costs.” 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:35:23 pm ) W.P.No.10014 of 2025
9. In view of the above ratio laid down by this Court in W.P.Nos.14300 to 14305 of 2024, the respondent is directed to receive the application of the petitioner dated 10.02.2025 in Form CCPA along with the prescribed fee through online for the grant of an Auto Rickshaw Permit to operate the vehicle within a radius of 30 Km distance from Yercaud Bus Stand, Yercaud, Salem District, and pass appropriate orders on its merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
10. In the result, this writ petition stands disposed of with the above observations and direction. No costs.
25.03.2025 Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No jd J.SATHYA NARAYANA PRASAD,J., jd To The Regional Transport Officer, 5/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:35:23 pm ) W.P.No.10014 of 2025 Salem East, Salem District.
W.P.No.10014 of 2025
25.03.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 04:35:23 pm )