Case Note & Summary
The petitioner, A.P. Gopikrishna, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court seeking a writ of Certiorarified Mandamus to quash orders dated 27.02.2014 and 29.01.2009 passed by the State Transport Appellate Tribunal and the Principal Secretary/Transport Commissioner respectively, and to direct the respondents to permit him to run his vehicle on the route 'Pondicherry to Madras' pursuant to an earlier court order and the Approved Scheme. During the hearing, the petitioner's counsel, Mr. K. Hariharan, relying on an order passed by Dr. Justice Anita Sumanth in W.P. Nos. 26278 of 2007 and batch, requested permission to withdraw the writ petition with liberty to approach the authorities for counter signature of the permit in case the ensuing interstate agreement includes his permit. The court, having previously granted such liberty, reiterated the same and dismissed the writ petition as withdrawn with no costs, closing the connected miscellaneous petitions.
Headnote
A) Writ Law - Withdrawal of Petition - Liberty to Approach Authorities - The petitioner sought to withdraw the writ petition with liberty to approach the authorities for inclusion of his permit in the interstate agreement for counter signature - The court granted the liberty and dismissed the petition as withdrawn - Held that such liberty is permissible and no costs (Paras 1-2).
Issue of Consideration
Whether the petitioner should be permitted to withdraw the writ petition with liberty to approach the authorities for counter signature of the permit under the ensuing interstate agreement.
Final Decision
The writ petition is dismissed as withdrawn with liberty reserved to the petitioner to approach the authorities for counter signature of the permit in case the ensuing interstate agreement includes his permit. No costs. Connected miscellaneous petitions are closed.
Law Points
- Withdrawal of writ petition with liberty
- Interstate transport permit
- Counter signature
Case Details
WP No. 23433 of 2014 and MP Nos. 2 & 3 of 2014
K. Hariharan (for petitioner), L.S.M. Hasan Fizal (Additional Government Pleader for R1 & R2), Bhargavi Gopalan (for R3)
The State Transport Appellate Tribunal, Principal Secretary/Transport Commissioner, K. Thandapany
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking Certiorarified Mandamus to quash orders of the State Transport Appellate Tribunal and the Transport Commissioner and to permit the petitioner to run his vehicle on the route Pondicherry to Madras.
Remedy Sought
Petitioner sought quashing of orders dated 27.02.2014 and 29.01.2009 and direction to permit running of vehicle on the route Pondicherry to Madras.
Filing Reason
The petitioner challenged the orders of the State Transport Appellate Tribunal and the Transport Commissioner which prevented him from running his vehicle on the route Pondicherry to Madras.
Previous Decisions
Earlier order of this Court in W.P. Nos. 6484 and 6485 of 1986 dated 01.08.1986 and the Approved Scheme for the route Pondicherry to Madras.
Issues
Whether the petitioner should be permitted to withdraw the writ petition with liberty to approach the authorities for counter signature of the permit under the ensuing interstate agreement.
Submissions/Arguments
Petitioner's counsel, relying on an order in W.P. Nos. 26278 of 2007, requested permission to withdraw the writ petition with liberty to approach the authorities for counter signature if the permit is included in the interstate agreement.
Ratio Decidendi
A petitioner may be permitted to withdraw a writ petition with liberty to approach the authorities for relief, especially when similar liberty has been granted in other cases.
Judgment Excerpts
After hearing the arguments... requested permission of this Court to withdraw this writ petition with liberty to approach the authorities...
As this Court has already granted such liberty, the same is reiterated. Reserving the aforesaid liberty, the Writ Petition is dismissed as withdrawn.
Procedural History
The petitioner filed WP No. 23433 of 2014 challenging orders dated 27.02.2014 and 29.01.2009. During hearing, the petitioner sought withdrawal with liberty. The court dismissed the petition as withdrawn on 16-02-2026.
Acts & Sections
- Constitution of India: Article 226
