Federation Of Automobile Dealers v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ W.M.P. Nos.27909, 28026, 28061, 28027, 27905, 27906, 27901 and 28062 of 2025 in W.P.Nos.36031 of 2023, 414, 419 and 416 of 2024, 36033, 36036 and 36037 of 2023 and 411 of 2024 Federation of Automobile Dealers Associations (FADA), No.805, Surya Kiran Building, Kasturba Gandhi Marg, New Delhi - 110 001 rep. By its Chief Executive Officer Saharsh Damani ... Petitioner in all W.M.Ps Vs.
1.The Principal Secretary to Government, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.
2.The Transport and Road Safety Commissioner, Commissioner of Transport and Road Safety, Ezhilagam, Chepauk, Chennai - 600 005.
3.The Director General, Tamil Nadu State Centre, E Wing, First Floor, Rajaji Bhavan, Besant Nagar, Chennai - 600 090.
4.The Secretary to Government, Ministry of Road Transport and Highways, Government of India, Ministry of Road Transport and Highways Bhawan, 1, Parliament Street, New Delhi - 110 001.
... Respondents in W.M.P. Nos.27901, 27905, 27909, 28062, 28027, 28061 and 28026 of 2025 1.Secretary to Government, Chief Secretariat, Goubert Avenue, Beach Road, White Town, Pondicherry - 605 001.
2.Transport Commissioner, 100 Feet road, Mudaliarpet, Pondicherry.
3.Director General, A Block, 4th Floor, Chief Secretariat, Pondicherry - 605 001.
4.Secretary to Government, Ministry of Road Transport and Highways, Government of India, Ministry of Road Transport and Highways Bhawan, 1, Parliament Street, New Delhi - 110 001.
... Respondents in W.M.P. No.27906 of 2025
For Petitioner : Mr.C.Manishankar, Senior Counsel for Mr.Rahul M.Shankhar For Respondents : Mr.S.Senthil Murugan, Special Government Pleader for R1 and R2 in W.M.P. Nos.27901, 27905, 27909, 28062, 28027, 28061 and 28026 of 2025 Mr.V.Vasantha Kumar, Additional Government Pleader (Pondy) for R1 and R2 in W.M.P. No.27906 of 2025 Mr.V.Chandrasekaran, Senior Panel Counsel for R3 and R4 in all WMPs COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) Petitions seeking clarification have been instituted mainly on the ground that the order of this Court dated 12.06.2024 in W.P.Nos.36031 of 2023, 414, 419 and 416 of 2024, 36033, 36036 and 36037 of 2023 and 411 of 2024 has not been implemented till today.
2. Learned senior counsel appearing on behalf of the petitioner would submit that contempt petition in Cont. P.No.989 of 2025 filed by the petitioner was also dismissed on the ground that this Court has not fixed any time line for implementation of the final order of this Court passed on 12.06.2024. It is contended that in the absence of any time line fixed by the Court in an order, the respondents are bound to
implement the same forthwith or within a reasonable period of time. Therefore, time line is fixed by the Court at its discretion and non-fixing of time line would not prevent a person to move a contempt petition for non-implementation.
3. This Court is in agreement with the view expressed by the learned senior counsel appearing on behalf of the petitioners. In case orders are passed without fixing any time line, the authorities are bound to implement the same at least within a reasonable period of time. In the absence of non-implementation, it would result in contempt of Court. Since the contempt petition filed by the petitioner was already dismissed, this Court is inclined to fix a time line for implementing the final orders of this Court dated 12.06.2024.
4. Learned Special Government Pleader would submit that position note would show that Special Leave Petition filed before the Supreme Court against the final order of this Court was also dismissed. That being so, the respondents are bound to implement the order. Accordingly, the respondents are directed to implement the orders of this Court dated 12.06.2024 in W.P.Nos.36031 of 2023, 414, 419 and 416 of 2024, 36033, 36036 and 36037 of 2023 and 411 of 2024, within a period of two weeks from the date of receipt of a copy of this order.
5. With the above direction, these clarification petitions stand disposed of.
[S.M.S., J.] [M.S.Q., J.] 24.10.2025 mmi To 1.The Principal Secretary to Government, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.
2.The Transport and Road Safety Commissioner, Commissioner of Transport and Road Safety, Ezhilagam, Chepauk, Chennai - 600 005.
3.The Director General, Tamil Nadu State Centre, E Wing, First Floor, Rajaji Bhavan, Besant Nagar, Chennai - 600 090.
4.The Secretary to Government, Ministry of Road Transport and Highways, Government of India, Ministry of Road Transport and Highways Bhawan, 1, Parliament Street, New Delhi - 110 001.
5.The Secretary to Government, Chief Secretariat,
Goubert Avenue, Beach Road, White Town, Pondicherry - 605 001.
S.M.SUBRAMANIAM, J.
AND MOHAMMED SHAFFIQ, J.
mmi 6.The Transport Commissioner, 100 Feet road, Mudaliarpet, Pondicherry.
7.The Director General, A Block, 4th Floor, Chief Secretariat, Pondicherry - 605 001.
W.M.P. Nos.27909, 28026, 28061, 28027, 27905, 27906, 27901 and 28062 of 2025 in W.P.Nos.36031 of 2023, 414, 419 and 416 of 2024, 36033, 36036 and 36037 of 2023 and 411 of 2024 24.10.2025