Single judge disposed of multiple writ petitions filed under Article 226 regarding Tamil Nadu bus fares and services. The court held the petitions infructuous due to the passage of five years and left a legal question open for future reference.
All writ petitions disposed of as infructuous; connected miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE R.MAHADEVAN
W.P. Nos.26843, 26904, 27369 and 27346 of 2011
and M.P.Nos.1, 1,2,3, 1,2 and 1, 2 of 2011
W.P.No.26843 of 2011
P.Pugalenthi .. Petitioner
-vs-
1.State of Tamil Nadu,
Rep. By the Chief Secretary to Govt.,
Secretariat, Chennai 600 009.
2.State of Tamil Nadu,
Rep. By the Secretary to Govt.,
Transport Department,
Secretariat, Chennai 600 009. .. Respondents
Petition filed under Article 226 of the Constitution of
India praying for issue of Writ of Mandamus to forbear the
respondents from requiring the passengers travelling in the
buses of corporations/ undertakings of the respondent-State of
Tamil Nadu to pay any amount higher than what was being paid by
the passengers as on 17.11.2011 towards bus fare.
W.P.No.26904 of 2011
K.R.Ramaswamy @ Traffic Ramaswamy .. Petitioner
-vs-
State, Rep. By
1.The Chief Secretary, Govt. of Tamilnadu, Fort St. George, Chennai-9.
2.The Secretary, Transport Department, Govt. of Tamilnadu, Chennai 600 009.
3.The Commissioner, Transport Department, Govt. of Tamilnadu, Chennai 600 005.
4.The Commissioner, Greater Chennai City Police, Egmore, Chennai 600 008.
5.The Managing Director, Metro Transport Corporation, Pallavan Salai, Chennai 600 002. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 2nd and 5th respondents to operate minimum 50% of the buses run as ordinary as per the Nationalization Policy and consider petitioners representations dt.18.11.2011 and 19.11.2011 and to submit a detail report to this Court as early as possible in saving the poor and the middle class peoples of Tamil Nadu.
W.P.No.27369 of 2011 V.R.Othisamy .. Petitioner's -vs-
1.The State of Tamil Nadu,
Rep. By its Secretary to Government, Home (Tr.VII) Department, Fort St. George, Secretariat, Chennai 600 009.
2.The Transport Commissioner, Ezhilagam, Chepauk, Chennai 600 005. .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the entire reocrds connected with para 1 (i) of the Direction in G.O. Ms.No.783 dated 17.11.2011 of the 1st respondent issued in respect of fares for the stage carriages plying as ''Ordinary Services'' on routes / areas as the same is in violation of Rule 246 (b) of the Tamilnadu Motor Vehicles 1989 and quash the same.
W.P.No.27346 of 2011
S.Jimraj Milton
.. Petitioner
-vs1.The Government of Tamil Nadu, Rep. By the Chief Secretary, Fort St. George, Chennai 600 001. 2.The Department of Transport, Rep. By its Secretary, Govt. of Tamil Nadu, Fort St. George, Chennai 600 001. 3.The Department of Dairy Development Rep. By its Secretary, Ministry of Animal Husbandry, Govt. of Tamil Nadu, Fort St. George, Chennai 600 001. 4.Union of India, Rep. By its Secretary, Department of Finance, New Delhi. .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to reconsider its Cabinet Decision taken on 17.11.2011 as published in the Hindu Daily News Paper on 18.11.2011 and direct the respondents (i)to run number of ordinary buses proportionate to the population of the economically backward people in the State of Tamil Nadu, (ii)to collect the bus fare that was collected by the 2nd respondent for ordinary bus travel prior to 17.11.2011 for travelling in ordinary buses, (iii)to grant concession of bus fare to children, women disabled and people below the poverty line in the deluxe, ultra deluxe and luxury buses, (iv)to provide milk free of cost to the children below 3 years in the state of Tamil Nadu, to provide milk in concessional rate for economically backward people in the State of Tamil Nadu.
For Petitioner in
WP.26843/2011 : Mr.M.Radhakrishnan
WP.26904/2011 : Mr.A.Ramesh Manikandan
WP.27369/2011 : Mr.S.Sathia Chandran
WP.27346/2011 : Mr.P.G.Thiyagu
For Respondents : Mr.S.T.S.Murthi, Govt. Pleader.
: Mr.Namo Narayanan, CGSC,
for R-4 in WP.27346/2011
* * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice)
The passage of time of five years has made the petitions
infructuous, position accepted by the learned counsel for the
parties.
2.The question of law raised in W.P.No.27369 of 2011 qua
the allegation of violation of Rule 246 (b) of the Tamil Nadu
Motor Vehicles, Act, 1989, is left open with the suggestion of
the learned counsel for the petitioner that in case of any
future revisions, this aspect may be looked into.
3.All the writ petitions, accordingly, stand disposed of as
infructuous. No costs. Consequently, connected miscellaneous
petitions stand closed.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
sra
To 1.The Chief Secretary, Govt. of Tamilnadu, Fort St. George, Chennai-9. 2.The Secretary, Transport Department, Govt. of Tamilnadu, Chennai 600 009. 3.The Commissioner, Greater Chennai City Police, Egmore, Chennai 600 008. 5.The Managing Director, Metro Transport Corporation, Pallavan Salai, Chennai 600 002. 6.The Secretary to Govt. of Tamil Nadu, Home (Tr.VII) Department, Fort St. George, Secretariat, Chennai 600 009. 7.The Transport Commissioner, Ezhilagam, Chepauk, Chennai 600 005. 8.The Secretary to Govt. of Tamil Nadu, Dept. of Dairy Development Ministry of Animal Husbandry, Fort St. George, Chennai 600 001. 9.The Secretary, Union of India, Department of Finance, New Delhi.
W.P.Nos.26843, 26904, 27369 and 27346 of 2011
rsy(co) aa14/07/2016
2 issues framed by the court
Whether the filed writ petitions remain infructuous given the passage of time.
Whether to address the allegation of violation of Rule 246 (b) of Tamil Nadu Motor Vehicles Act.
P.Pugalenthi
K.R.Ramaswamy
V.R.Othisamy
S.Jimraj Milton
State of Tamil Nadu
Sanjaysk Kaul
RMahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
