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2017 Supreme(Mad) 3905

INDIRA BANERJEE, M.SUNDAR
All India Confederation of Goods Vehicle Owners Association rep. by its General Secretary, Rajindhar Singh – Appellant
Versus
Secretary (Home) Transport Department Fort st. George – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.R.Subramanian for Mr.S.Govindraman
For the Respondents: Mr.T.N.Rajagopalan Special Govt. Pleader

ORDER :

INDIRA BANERJEE, J.

1. This writ petition, purportedly in public interest, filed by the All India Confederation of Goods Vehicle Owners Association, is directed against a memorandum of the Additional Director General of Police, State Traffic Planning Cell, being C.No.124/Camp/ADGP-STPC/2017, dated 24.08.2017, which is extracted herein below:

"Enclosed please find a copy of the letter received from the Transport Commissioner, Government of Tamil Nadu where in has instructed to prosecute those persons who are found to be driving without license. The prosecution of drivers driving without licenses should be launched under sections 130 and 171 of MV Act, 1988.

It may be noted that Government has already made it mandatory to carry ORIGINAL Driving license while driving vehicles with effect from 1st September 2017."

2. In the affidavit in support of the writ petition, affirmed by Rajindhar Singh claiming himself to be the General Secretary of the All India Confederation of Goods Vehicle Owners Association, it is stated that goods vehicles ply in the country with necessary permit. There can be no doubt that a permit is necessary to operate a goods carriage. However, incidents of vehicl










































































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