State Lorry Owners Federation v. The Government Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P(MD)Nos.3171 to 3173 of 2020 State Lorry Owners Federation Tamil Nadu, Having Registration No.60/1987, Having been represented by its Vice President C.Sathaiah, Madurai - 625 001 ... Petitioner Vs.
1.The Government of India, Rep. by its Director, Ministry of Road Transport & Highways Department, Transport Bhawan, No.1, Parliament Street, New Delhi - 110 001.
2.The Government of Tamil Nadu, Rep. by its Secretary to Home Department, Secretariat, Fort St. George, Chennai.
3.The Principal Secretary / Transport Commissioner, Transport Department, Chepauk, Chennai - 600 005.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned circular issued by the third respondent vide Circular No.59/2019 dated 18.12.2019 and alike Circulars, which is/are against the Guidelines of the first respondent (MORTH) dated 16.06.2016 and the same has to struck down and set aside as illegal ultravires and also arbitrary in nature and consequently directing the respondent department to check the maximum speed of the lorries manufactured prior to 01.10.2015 before insisting for SLD installations and in respect of other lorries manufactured after 01.10.2015 by accepting the installation 1/3
certificate already issued by the manufacturer of SLD's as accepted by the respondent department for issuing fitness certificate in the previous years.
For Petitioner : Mr.VS.Karthi For R - 1 : Mr.M.Karthikeyavenkata Chalapathi For R - 2 & 3 : Mr.J.Gunaseelan Muthiah, Additional Government Pleader.
ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The State Lorry Owners Federation has filed the above Writ Petition as a Public Interest Litigation seeking for issuance of Writ of Certiorarified Mandamus, to quash the Circular dated 18.12.2019.
2.Admittedly, the members of the petitioner / Association are the persons aggrieved over the said Circular. If that being the case, when the petitioner / Association is the aggrieved party, they cannot file the Writ Petition as a Public Interest Litigation to quash the Circular dated 18.12.2019.
3.In such view of the matter, the Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ps To 1.The Director, Rep. by the Government of India, Ministry of Road Transport & Highways Department, Transport Bhawan, No.1, Parliament Street, New Delhi - 110 001.
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2.The Secretary to Home Department, Rep. by the Government of Tamil Nadu, Secretariat, Fort St. George, Chennai.
3.The Principal Secretary / Transport Commissioner, Transport Department, Chepauk, Chennai - 600 005.
+1 CC to M/s.M.KARTHIKEYA VENKATACHALAPATHY, Advocate ( SR-8120[F] dated 25/02/2020 ) +1 CC to M/s.SPL.GP ( SR-8375[F] dated 26/02/2020 ) 25.02.2020 JMN(05.03.2020) 3P : 6C 3/3