Single decide had vacated an injunction restraining officers from insisting upon changing outdated autos with new ones
Single decide had vacated an injunction restraining officers from insisting upon changing outdated autos with new ones
Tamil Nadu Driving College House owners Federation (TNDSOF) has moved a writ attraction earlier than the Madras Excessive Courtroom in opposition to the withdrawal of an interim order which permitted its members to make use of bikes and lightweight motor autos (LMVs) that have been greater than eight years outdated and heavy autos that have been greater than 10 years outdated.
First Division Bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy on Wednesday directed State Authorities Pleader P. Muthukumar to take directions from the Transport Commissioner inside two weeks and determined to take up the attraction for a full fledged listening to on March 22.
The federation had initially filed a writ petition earlier than a single decide of the courtroom final yr difficult a November 11, 2011 State authorities round by way of which it was insisted that driving colleges shouldn’t use bikes and LMVs that have been greater than eight years outdated and heavy autos that have been greater than 10 years outdated.
Insisting that each one autos utilized by driving colleges for imparting coaching to the candidates should be in a mechanically match situation, the round acknowledged that the stipulation with regard to the age of bikes and LMVs should be complied earlier than March 31, 2012 and that of heavy autos should be complied earlier than September 30, 2012.
When the writ petition was listed earlier than Justice R. Suresh Kumar in December final, the federation complained that the autos bought by their members in 2012 had accomplished eight and 10 years now and due to this fact the transport authorities have been insisting upon changing them with new autos.
Being attentive to the truth that the driving college house owners have been unable to make use of their autos for about two years between 2020 and 2021 when there was steady lockdown to battle COVID-19, the decide granted an interim injunction restraining the officers from insisting upon changing the autos.
Nevertheless, when the case was heard subsequently by Justice S.M. Subramaniam on January 27 this yr, he vacated the injunction on the bottom that the validity of the same round issued by the State authorities in 2007 had already been upheld by a Division Bench of the Excessive Courtroom in 2010.
Whereas upholding the round, the Division Bench had highlighted the necessity for driving colleges to make use of new motor autos alone for educating functions because the expertise employed in vehicles had been always altering from steering mounted gear levers to ground mounted levers and computerized vehicles.
Additional, Justice Subramaniam had identified that the federation had taken 10 years to problem a 2011 round. Questioning his resolution, the federation, in its attraction, contended that the decide had nearly determined the writ petition itself on deserves whereas vacating the interim injunction.
Explaining the delay in difficult the round, the federation stated, the need had arisen solely now after the officers started insisting upon changing the outdated autos with new ones by relying upon the 2011 round.
