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Madras High CourtWP/1274/2024dismissed

S.Arun Kumar v. State Of Tamil Nadu

2024-04-17Honourable Mr Justice S.M. Subramaniam6 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.04.2024

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.1328 and 1330 of 2024 1.S.Arun Kumar 2.D.Agila Gowri Krishna 3.P. Muthukumar 4.P.Sankar 5.G.Kumar 6.K.Praveen Raj 7.D.Jagadeesan 8.G.Dhanalakshmi 9.K.Pradap 10.Kumar 11.S.R.Mari 12.A.ThamilSelvi 13.A.Tamilselvi 14.M.Vinodh 15.M.Vinod 16.M.Arivazhalagan 17.Anand 18.B.Balaji 19.M.Balakrishnan 20.D.Raja

...Petitioners

Vs

1.State of Tamil Nadu rep. by its Secretary to Government, Transport Department, Fort St. George, Chennai - 600 009 2.The Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai - 600 002.

3.The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division, Bypass Road, Madurai - 625 010.

4.The Managing Director, Tamil Nadu State Transport Corporation, Coimbatore Division, Metupalayam Raod, Coimbatore - 641 043.

5.The Managing Director, Tamil Nadu State Transport Corporation, Thirunelveli Division, KTC Nagar, Thirunelveli.

6.V.Sannkaran 7.M.Anand 8.K.Jayabal 9.M.R.Neethiraahan 10.N.Subburaman 11.M.C?helladurai 12.M.Kumarasan 13.M.Kumarasan 14.T.Nagulan

15.V.T.Anitha 16.K.Ravi 17.R.Perumal 18.V.Sankaran

...Respondents

(Respondents 6 to 18 impleaded as per the orders of this Court dated 17.04.2024 in W.M.P.No.3868 of 2024 in W.P.No.1274 of 2024) Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned order in tender bearing No.00999/G6/SETC/2023 passed by the 2nd respondent dated 06.01.2024, quash the same and direct the official respondents to remove Clause 3 of terms and condition of tender dated 06.01.2024, further permit the petitioners for collecting the charges for utilizing the rest rooms at Rs.5/- per passengers. For Petitioner :

Mr.V.V.Sathya For Respondents :

Mr.N.Naveenkumar, Government Advocate for R1 Mr.L.S.M.Hasan Fizal for R2 Mr.C.Gauthama Raj for R3 and R5 Mr.A.Sundaravadanam for R4 Mr.Prabhakaran for R6 to R18

ORDER

The Writ Petition has been instituted questioning the condition imposed in the tender notification that the toiletry facilities must be provided to the passengers at free of costs. Since it is the tender condition imposed for the benefit of the public and in the public interest such condition cannot be declared as unreasonable or otherwise. Such conditions are imposed in the tender notification to protect the interest of the passengers and in the public interest. That being so, the challenge made in respect of toiletry facilities at free of costs is untenable.

Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 17.04.2024 Index : Yes/No Speaking order :Yes/No :Yes/No mps To 1.The Secretary to Government, State of Tamil Nadu,

Transport Department, Fort St. George, Chennai - 600 009 2.The Managing Director, State Express Transport Corporation, Pallavan Salai, Chennai - 600 002.

3.The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division, Bypass Road, Madurai - 625 010.

4.The Managing Director, Tamil Nadu State Transport Corporation, Coimbatore Division, Metupalayam Raod, Coimbatore - 641 043.

5.The Managing Director, Tamil Nadu State Transport Corporation, Thirunelveli Division, KTC Nagar, Thirunelveli.

S.M.SUBRAMANIAM, J, mps and W.M.P.Nos.1328 and 1330 of 2024 17.04.2024