B.Ramkumar Adityan, v. Government of Tamilnadu
Case brief
What is this about?
The Madurai Bench of the Madras High Court dismissed a PIL challenging the Government of Tamil Nadu's 'Amma Two Wheeler Scheme'. Relying on Supreme Court precedents, the Court held that the scheme is a valid public purpose welfare initiative and the Court lacks power to interfere with State largesse absent constitutional illegality.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2018 CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.P(MD)No.3622 of 2018 and W.M.P.(MD)No.3753 of 2018
B.Ramkumar Adityan
... Petitioner
Vs.
The Government of Tamil Nadu, represented by its Chief Secretary, St.George Fort, Chennai-600 009.
... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent not to modify any old and existing freebike schemes to implement and initiate and implement any new freebike schemes till minimising its fiscal deficit to Zero within a stipulated time as fixed by this Court.
For Petitioner : Mr.Karthick Subramanian
Issues for consideration
3 issues framed by the court
Whether the Court can interfere in a State policy decision to provide 50% subsidy for two-wheelers to working women under the 'Amma Two Wheeler Scheme'.
Whether the election manifesto promise to distribute two-wheelers constitutes a corrupt practice under Section 123 of the Representation of the People Act.
Whether the reasonably competent scheme with checks and balances fails the test of Article 14 of the Constitution.
Parties & counsel
- petitioner
B. Ramkumar Adityan
- respondent
The Government of Tamil Nadu
Coram
M. SATHYANARAYANAN
Case details
As recorded by the court registry
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