M SIVAJI Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) ALL these writ petitions are filed challenging the impugned judgment of the State Transport Appellate Tribunal, Chennai, passed in M.V.Appeal No.68 of 2007 dated 17.9.2008. While the W.P.No.24563 of 2008 has been filed by M.Sivaji, the appellant before the Tribunal, W.P.No.958 of 2009 has been filed by the third respondent before the Tribunal, viz., R.Nallathambi and W.P.(MD) No.3694 of 2007 filed by the second respondent before the Tribunal, by name, S.V.S.Rameshkumar.

(2.) FOR the purpose of brevity, the parties are referred to as found in W.P.No.24563 of 2008.

(3.) THE writ petitioner and the 4th respondent have filed the writ petitions in W.P.No.24563 of 2008 and 958 of 2009 respectively challenging the impugned order of the first respondent Tribunal on the ground that the same is against the provisions of the Tamil Nadu Motor Vehicles Rules that no note order or sanction was passed by the second respondent on 28.6.2006 and the same was created in collusion with the third respondent, that the note order can neither be a sanction, nor an order as contemplated under the Motor Vehicles Rules, that the note order itself does not amount to granting the sanction and the existence of such note order has never been revealed at any point of time, that even if any such order was passed, the same can be cancelled and therefore, by virtue of the powers under rule 210 of the Tamil Nadu Motor Vehicles Rules 1989, the second respondent ought to have cancelled such note order, that various other internal communications show that there is no note order, that the petitioner has not received any consideration for the purpose of transfer in the name of the third respondent, that in the representation dated 16.1.2007, the petitioner has withdrawn the application for transfer, that the first respondent has failed to consider the true impact of the rule 210 of the Tamil Nadu Motor Vehicles Rules,1989 and that there is no finding on the order of the second respondent dated 28.6.2006, apart from many other grounds.