w w w . L a w y e r S e r v i c e s . i n



R. Pradeepan v/s The Regional Transport Officer, Regional Transport Office


Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- REGIONAL TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PN2001PTC016141

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

    W.P.(MD)No. 13754 of 2020

    Decided On, 06 October 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

    For the Petitioner: B. Anandan, Advocate. For the Respondents: C. Ramesh, Special Government Pleader.



Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent relating to his impugned rejection proceeding in m.jp.K.m.T189/A3/2020, dated 25.02.2020 and to quash the same and consequently directing the respondent to issue the badge license to the petitioner by way of entertaining his application in Application No.563298320, dated 08.02.2020.)1. This Writ Petition has been filed challenging the order dated 25.02.2020, passed by the respondent herein.2. Heard Mr.B.Anandan, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader appearing for the respondent.3. By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.4. The petitioner applied for a badge license on 08.02.2020 with the respondent. According to the petitioner, he is already possessing a valid LMV driving license, issued by the respondent and in order to drive transport vehicles, he applied for a badge license on 08.02.2020. According to the petitioner, in the impugned order dated 25.02.2020, the respondent has rejected his application on 08.02.2020, on the ground that a criminal case in Crime No.169 of 2019, is pending against him, for the alleged offence punishable under Sections 294(b), 387 and 506(ii) of I.P.C., on the file of the Inspector of Police, Pavoorchathiram Police Station. According to the petitioner, he has not committed any such offence. Further, the registration of the First Information Report is not a bar to the issuance of badge license to the petitioner by the respondent. In such circumstances, this Writ Petition has been filed challenging the impugned order of the respondent, dated 25.02.2020.5. Mr.C.Ramesh, learned Special Government Pleader appearing for the respondent, submits that the order passed by the respondent, is not a final order. He would rely upon Rule 8 of Tamil Nadu Motor Vehicles Rules, 1989. He would also rely upon a Circular No.43/2000, dated 23.03.2020, issued by the Transport Commissioner, Transport Department, Chepauk, Chennai-5. According to him, as per the said Rule, the respondent, on receipt of an application for issuance of a driving license, may make such enquiries, as may be reasonably necessary to establish the identity of the applicant and to ascertain that the applicant is not disqualified or liable to be disqualified for holding a driving license. According to him, the respondent made enquiries, as per Rule 8 of Tamil Nadu Motor Vehicles Rules, 1989 and found that an F.I.R., has been registered against the petitioner in respect of the alleged criminal offences. According to him, only for the aforementioned reasons, the petitioner has not been issued with badge license for driving transport vehicles.6. This Court has perused and examined Rule 8 of Tamil Nadu Motor Vehicles Rules, 1989 and the circular referred to by the learned Special Government Pleader7. As seen from Rule 8 of the aforesaid Rules, only persons who are disqualified or liable to be disqualified cannot be issued with a driving license. In the case on hand, a criminal case has been registered against the petitioner, not involving the vehicle and further the petitioner has not been convicted of the alleged offences. Admittedly, the petitioner is in possession of a valid LMV driving license and the same has also not been cancelled by the respondent. The Motor Vehicles Act and its Rules does not bar an applicant from obtaining a driving license, if any criminal case is pending against the said applicant. In the case on hand also, only the First Information Report has been registered against the petitioner and the petitioner is not a convict. The petitioner has submitted an application for obtaining badge license on 08.02.2020. Admittedly, no final orders have been passed by the respondent, with regard to the said application and the impugned order dated 25.02.2020, is only an order, intimating the petitioner that he is not entitled to get a badge endorsement in his driving license. But, it does not refer to the application dated 08.02.2020, submitted by the petitioner, seeking for badge endorsement in his driving license. The application, dated 08.02.2020 submitted by the petitioner for badge driving license, will have to be considered by the respondent on merits and in accordance with the statutory provisions provided for under the Motor Vehicles Act, 1988 and the corresponding rules. Instead of considering the application dated 08.02.2020 submitting by the petitioner, the respondent without any basis has intimated the petitioner that he is not entitled for badge endorsement in his driving license.8. For the foregoing reasons, the impugned proceedings dated 25.02.2020, passed by the respondent, is hereby qua

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shed and the respondent is directed to consider the application dated 08.02.2020, submitted by the petitioner, for badge endorsement in his driving license on merits and in accordance with law and in case, if the same is rejected by the respondent, they shall give sufficient reasons for the same in the final order, to be passed by them. The respondent shall pass final orders within a period of eight weeks from the date of receipt of a copy of this order.9. With the aforesaid directions, the Writ Petition stands disposed of. No costs.
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