The Federation Of Bus Operators Association Of Tamil Nadu, v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025 CORAM :

THE HONOURABLE MRS. JUSTICE N. MALA Writ Petition No.6198 of 2025 and W.M.P.Nos.6807, 14950, 18290, 18291, 18286 & 18279 of 2025 The Federation of Bus Operators Association of Tamil Nadu, represented by its Secretary, 6, Bishop Wallers Avenue (East), Chennai - 600 004.

... Petitioner Vs.

1.State of Tamil Nadu, rep. by the Secretary to Government, Home (Transport I) Department, Fort Saint George, Chennai - 600 009.

2.The Transport Commissioner, Guindy, Chennai - 600 032.

3.M/s.Tamil Nadu Mini Bus Owners Federation, Rep. by its President, K.Kodiyarasan, No.26/1, Ratha Nagar, Teynampet, Chennai-18.

(R3 impleaded as per order dated 25.03.2025 in WMP.9117/2025 in WP.6198/2025 by JSNPJ) 4.Coimbatore District Mini Bus Owners Welfare Association, Page No.1 of 6

Rep. by its President, Mr.G.Vijayakhumar.

(R4 impleaded as per order dated 25.03.2025 in WMP.9119/2025 in WP.6198/2025 by JSNPJ) ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari calling for the records of the first respondent made in G.O.Ms.No.33, Home (Transport-I) Department dated 23.01.2025 and published in Tamil Nadu Government Gazette Extraordinary No.37 dated 24.01.2025, captioned as New Comprehensive Scheme, 2024 and Fare Revision of Mini Buses under the Motor Vehicles Act, 1988 and quash the same.

For Petitioner :

Mr.M.Palani For Respondents 1 & 2 :

Mr.P.S.Raman, Advocate General Assisted by, Mr.E.Veda Bagath Singh, Special Government Pleader For Respondent 3 :

Mr.N.L.Raja, Senior Advocate for Mr.T.Padmanabhan For Respondent 4 :

Mr.H.Rajasekar

O R D E R

The petitioner has filed this petition to call for the records of the first respondent made in G.O.Ms.No.33, Home (Transport-I) Department dated Page No.2 of 6

23.01.2025 and published in Tamil Nadu Government Gazette Extraordinary No.37 dated 24.01.2025, captioned as New Comprehensive Scheme, 2024 and Fare Revision of Mini Buses under the Motor Vehicles Act, 1988 and quash the same.

2. The petitioner, the Federation of Bus Operators Association of Tamil Nadu, challenged the New Comprehensive Mini Bus Scheme, 2024, published in the Gazette on 24.01.2025. The petitioner contends that the scheme, though proposed under Section 99 and approved under Section 100 of the Motor Vehicles Act, 1988, fails to consider objections raised by stakeholders, including the petitioner, and does not assign any reasons for its approval, thereby violating principles of natural justice. The petitioner submits that this scheme repeats the same flaws as the earlier 2011 comprehensive scheme, which was quashed by the Madurai Bench of the High Court and upheld on appeal. The petitioner argues that the scheme is illegal, ultra vires Sections 99 and 100, and grants excessive powers to transport authorities without legislative sanction. Hence, this case.

3. When the matter was taken up for hearing, learned Advocate Page No.3 of 6

General appearing for the respondents 1 & 2 submitted that the earlier Government Order vide G.O.Ms.No.33, Home (Transport-I) Department dated 23.01.2025, which is the subject matter of this writ petition has been withdrawn by the Government. To substantiate his claim, learned Advocate General has submitted a copy of the Government Order vide G.O.Ms.No.198, Home (Transport-I) Department, dated 28.04.2025.

4. In view of the submission made by the learned Advocate General appearing for the respondents 1 & 2, nothing survives in this writ petition for further adjudication.

5. Accordingly, this writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. 25.08.2025 dpq/vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No Page No.4 of 6

To:

1.The Secretary to Government, Home (Transport I) Department, Fort Saint George, Chennai - 600 009.

2.The Transport Commissioner, Guindy, Chennai - 600 032.

3.Mr.K.Kodiyarasan, The President M/s.Tamil Nadu Mini Bus Owners Federation, No.26/1, Ratha Nagar, Teynampet, Chennai-18.

4. Mr.G.Vijayakhumar, Coimbatore District Mini Bus Owners Welfare Association, Page No.5 of 6

N. MALA, J.

dpq/vm 25.08.2025 Page No.6 of 6