Consumer Welfare Association v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI W.P.(MD)No.10368 of 2019 and W.M.P.(MD) Nos.7978 and 7979 of 2019 Consumer Welfare Association Rep. By its Secretary M.Syed Ibrahim : Petitioner Vs.
1.The State of Tamil Nadu, Rep. By its Secretary to Government Secretariat, St. George Fort, Chennai.
2.The District Collector, O/o. The District Collectorate Office, Ramanathapuram Ramanathapuram District.
3.The Director, Kumbakonam, Thanjavur District.
4.The General Manager, Karaikudi Division, Sivagangai District.
5.The Regional Transport officer, O/o. The Regional Transport Office, Ramanathapuram Ramanathapuram District.
: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to restore the bus fare in and around Ramanathapuram District in the light of G.O.Ms.No.34 dated 19.01.2018 by considering the petitioner's representation dated 06.02.2019 within the period that may be stipulated by this Court. For Petitioner : Mr.C.Venkateshkumar for M/s.Ajmal Associates For Respondents : Mr.A.Muthukaruppan for R1, R2 and R5 Additional Government Pleader Mr.D.Sivaraman for R3 & R4
ORDER
B.PUGALENDHI,J It is the case of the petitioner that the normal prescribed fare for a trip from Ramanathapuram to Keelakarai is Rs.15/- and that the Town Bus operators, Moffusil Bus operators and private bus operators are charging beyond the prescribed fare and therefore, this Public Interest Litigation has been filed for a direction to the Road Transport Authority to put an end to this practice.
2. When the matter was taken up for hearing, the learned counsel for the respondents 3 and 4 submitted that a bridge work is going on in that area, on account of which, the buses are required to take a circuitous route covering six kilometres extra and that is the reason why, the bus operators were charging beyond the prescribed fare. He further contended that the Road Transport Authority convened a meeting of the bus operators and other stake holders, wherein, this matter was discussed threadbare. The bus operators pointed out that they are forced to charge extra, in view of the circuitous route that they are required to take. However, the Road Transport Authority has adviced the town bus operators to charge Rs.16/- for a trip from Ramanathapuram to Keelakarai, since town buses are used more by the poor, unlike the usage of moffusil buses. Therefore, the town buses are charging only Rs.16/- and not above that. This is refuted by the learned counsel for the petitioner.
3. In view of the above, we direct the Road Transport Authority to ensure that the town buses, whether operated by the State Transport Corporation or private do not collect beyond Rs.16/- for sometime. After the bridge work is completed, the Road Transport Authority shall ensure that all the bus operators collect only the prescribed fare.
4. With the above direction, this writ petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) RR To 1.The Secretary to Government State of Tamil Nadu, Secretariat, St. George Fort, Chennai.
2.The District Collector, O/o. The District Collectorate Office, Ramanathapuram Ramanathapuram District.
3.The Director, Kumbakonam, Thanjavur District.
4.The General Manager, Karaikudi Division, Sivagangai District.
5.The Regional Transport officer, O/o. The Regional Transport Office, Ramanathapuram Ramanathapuram District.
+1CC TO MR.AJMAL ASSO., Advocate Sr. No.63271 +1CC TO MR.D.SIVARAMAN, Advocate Sr. No.63436 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.64019 Order made in W.P.(MD)No.10368 of 2019 and W.M.P.(MD) Nos.7978 and 7979 of 2019 Dated: 26.04.2019 AL(CO) TR (09.05.2019) 3P 9C