Petition by People Health & Development Council sought mandamus to stop fare collection excesses. Court observed that the underlying government order had been superseded by a later one, rendering the lis dead. Petitioner's petition was closed without costs.
None; the writ petition was closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10-10-2014
CORAM
THE HONOURABLE MR.SANJAY KISHAN KAUL, THE CHIEF
JUSTICE
AND
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
W.P.No.1039 of 2010
People Health & Development Council rep. By its Secretary S.M. Govindasamy No.22, East Street, Sottayampalayam R.N. Puthur (Post), Erode 638 005 .. Petitioner vs
1.The State of Tamil Nadu Rep. By its Secretary to Government Transport Department, Fort St. George, Chennai 2.The Transport Department Rep. By its Commissioner Ezhilagam, Chepauk, Chennai 600 005 3.Metropolitan Transport Corporation (Chennai) Limited Rep. By its Managing Director Pallavan Salai, Chennai 600 002 4.State Express Transport Corporation (TN) Ltd., Rep. By its Managing Director Pallavan Salai, Chennai 600 002 5.Tamil Nadu State Transport Corporation (Villupuram) Limited Rep. By its Managing Director 3/137, Salamedu, Valudhareddy Post Villupuram 605 602. 6.Tamil Nadu State Transport Corporation (Salem) Limited Rep. By its Managing Director 12, Ramakrishna Road, Salem 636 007 7.Tamil Nadu State Transport Corporation (Coimbatore) Limited Rep. By its Managing Director 37, Mettupalayam Road, Coimbatore 641 043 8.Tamil Nadu State Transport Corporation (Kumbakonam) Limited https://hcservices.ecourts.gov.in/hcservices/ Rep. By its Managing Director 27, Railway Station New Road Kumbakonam 612 001
Rep. By its Managing Director Bye Pass Road, Madurai 625 016 .. Respondents
Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to refrain from collecting excess fares from passengers except by due process of law and in accordance with G.O.Ms.No.1204 dated 5.12.2001 issued by the Home (Transport VII) Department, the Motor Vehicles Act and Rules and the permit conditions.
This petition was called to hearing on the Board as the Government Order, the implementation of which was sought in this petition, bearing G.O.Ms.No.1204, Home (Transport VII) Department, dated 5.12.2001, stands superseded by a subsequent Government Order bearing G.O.Ms.No.783, Home (Transport VII) Department, dated 17.11.2011, which forms subject matter of W.P.No.29632 of 2013.
2.The earlier G.O. having been superseded, the lis does not really survive and we thus close the writ petition. No costs.
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To:
https://hcservices.ecourts.gov.in/hcservices/ Ezhilagam, Chepauk Chennai 600 005
3.The Managing Director Metropolitan Transport Corporation (Chennai) Limited Pallavan Salai, Chennai 600 002 4.State Express Transport Corporation (TN) Ltd., Rep. By its Managing Director Pallavan Salai, Chennai 600 002 5.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Limited 3/137, Salamedu, Valudhareddy Post Villupuram 605 602. 6.The Managing Director Tamil Nadu State Transport Corporation (Salem) Limited 12, Ramakrishna Road Salem 636 007 7.The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Limited 37, Mettupalayam Road Coimbatore 641 043 8.The Managing Director Tamil Nadu State Transport Corporation (Kumbakonam) Limited 27, Railway Station New Road Kumbakonam 612 001 9.The Managing Director Tamil Nadu State Transport Corporation (Madurai) Limited Bye Pass Road, Madurai 625 016
1 cc to Mr.T.Mohan ,Advocate, SR.No.48935
1 cc to Mr.Jayesh B.Dolia ,Advocate, SR.No.4844
1 cc to Government Pleader,Sr.No48563
1 cc to Mr.R.K.Gandhi ,Advocate, SR.No.48589
W.P.No.1039 of 2010
kji(co) pmk.17.10.2014
1 issue framed by the court
Whether the writ petition survives in view of the Government Order sought to be implemented being superseded by a subsequent order?
3 provisions across 2 enactments
People Health & Development Council
State of Tamil Nadu
Transport Department
Metropolitan Transport Corporation (Chennai) Limited
State Express Transport Corporation (TN) Ltd.
Tamil Nadu State Transport Corporation (Villupuram) Limited
Sanjay Kishan Kaul
M.Sathyananathan
As recorded by the court registry
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