Madras High CourtWP(MD)/18549/2023disposed of

K.K. Ramesh, v. The Government Of India,

2023-08-09Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.K.Ramesh ..

Petitioner Vs.

1. The Government of India Rep. by its Home Secretary Ministry of Home Affairs North Block, New Delhi.

2. The Government of India Rep. by its Secretary Ministry of Road Transport & Highways Transport Bhawavan, 1, Parliament Street New Delhi 110 001.

3. The Government of India Rep. by its Secretary Ministry of Law and Justice Shastri Bhawan New Delhi 110 115.

4. Government of Tamil Nadu Rep. by its Home Secretary

5. The Government of Tamil Nadu Rep. by its Transport Secretary

6. The Government of Tamil Nadu Rep. by its Principal Secretary Transport Commissioner Chepauk, Chennai 600 005.

7. The Director General of Police Dr.Radhakrishnan Street ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to all Deputy Superintendent of Police, all Commissioner of Police and District Transport Officers (RTO) to strictly implement the Tamil Nadu Government Order of G.O.Ms.No.758 dated 04.07.2023. For the Petitioner : Mr.R.Kannan For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 4 to 7

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Kannan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the respondents 4 to 7.

2. Learned counsel for the petitioner submits that the petition is filed in public interest. The Government Order dated 19.10.2022 is not properly implemented.

3. Learned Special Government Pleader submits that the Government Order is implemented in its true letter and spirit.

4. The Government Order dated 19.10.2022 is issued for effective regulation of the traffic and imposition of fines and penalties. In the writ petition, instances are not quoted as to how the Government Order is not being followed and implemented.

5. Naturally, when the Government Order is in force, the authorities are bound to implement the said Government Order. If, in a particular case, the Government Order is not implemented, then, the petitioner can agitate quoting the particular instance.

6. With the aforesaid observation, the writ petition is disposed

of. There will be no order as to costs. Consequently, W.M.P.(MD) No.15378 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 09.08.2023 Index :

Yes/No :

Yes/No kpl To

1. The Home Secretary Ministry of Home Affairs North Block, New Delhi.

2. The Secretary Ministry of Road Transport & Highways Transport Bhawavan, 1, Parliament Street New Delhi 110 001.

3. The Secretary Ministry of Law and Justice Shastri Bhawan New Delhi 110 115.

4. The Home Secretary

5. The Transport Secretary

6. The Principal Secretary Transport Commissioner Chepauk, Chennai 600 005.

7. The Director General of Police Dr.Radhakrishnan Street

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 09.08.2023