S. ARUNACHALA NADAR AND Vs. THE REGIONAL TRANSPORT OFFICER,SECRETARY TO REGIONAL TRANSPORTAUTHORITY, VILLUPURAM

JUDGEMENT

(1.) This is yet another case where the respondent failed to perform his statutory function, which forced the petitioners to come forward with the present Writ Petitions. In spite of the Regional Transport Authority granting permit in favour of the petitioners for running 5 Seater Autorikshaw in its proceedings dated 28.12.2001, as per which order, the petitioners were directed to produce the Registration Certificate for 5 Seater Autorikshaw with the specifications mentioned therein along with valid Insurance Certificate, Fitness Certificate and the current tax receipt paid, within three months from the date of receipt of that order. Pursuant to the said proceedings dated 28.12.2001, when the petitioners, in compliance with the direction, produced the vehicles within the stipulated time limit, the respondent, without any justifiable reason, failed to issue the permit. Since the petitioners obtained a loan from TIIC, the petitioners were called upon to submit the permit by the financial institution, namely, TIIC. In such circumstances, the inaction of the respondent in not issuing the permit is highly reprehensible. There is absolutely no justifiable reason for not performing his statutory function in issuing the permit in favour of the petitioners.

(2.) In fact, in identical cases, I came across a similar attitude displayed by the respondent, where also, such permit for 5 Seater Autorikshaw was granted by the Regional Transport Authority of Villupuram. The failure on the part of the respondent in performing his statutory function, therefore, calls for a serious action to be taken, since, uniformly, the authorities like that of the respondent in different districts are adopting the very same course of not issuing permit to the vehicles produced before them. Pursuant to the grant of 5 Seater Autorikshaw Permit by the Regional Transport Authority, this Court is flooded with Writ Petitions, seeking for a direction to such authorities for issuance of the permit. It only discloses the defiant attitude of the respondent in refusing to perform his statutory function. Therefore, in the interest of public at large, for whose benefit the State Government directed the authorities to grant 5 Seater Autorikshaw permit and such step taken by the State Government is attempted to be stultified by the officials like that of the respondent, I am forced to issue a direction in these Writ Petitions, directing the respondent to issue necessary permit to the petitioners, pursuant to the order of the respondent dated 28.12.2001 for the vehicles produced by the petitioners bearing registration Nos.TN -32 -B -3504 and TN -32 -B -3475 forthwith on production of a copy of this order. Since the indifferent attitude of the respondent in the performance of his statutory function calls for a stringent action against him, the respondent is imposed to pay costs of Rs.2,000/ - in each Writ Petition payable to the Tamil Nadu Legal Services Authority from and out of his own pocket. The respondent shall pay the costs within 15 days from the date of receipt of copy of this order and produce the receipt to the Registry in proof of having made such payment. The Regional Transport Authority is also directed to take appropriate disciplinary action against the respondent for the dereliction of his duty in the