M.Rajendrdan, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN M.Rajendran ... Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Home (Transport) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Police, Dr.Radhakrishnan Salai, Chennai - 600 004.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, by declaring that the transport service and business performed by the State of Tamil Nadu, through its various State run Transport Corporation are committed to UNFAIR TRADE PRACTICES; and consequently direct the respondents not to register the case against the citizen of India, in the State of Tamil Nadu for their non-compliance and violation of Motor Vehicles Act 1988, Central Motor Vehicles Rules 1989 and Tamil Nadu Motor Vehicles Rules, 1989, due to failure of due process by the State till the State of Tamil Nadu is strictly enforcing and complying with the Motor

Vehicles Act 1988, Central Motor Vehicles Rules, 1989, and Tamil Nadu Motor Vehicles Rules, 1989, in the course of operation of stage carriages through their transport service and business, for collection of a 'fair fare' from the commuters, in accordance with law.

For Petitioner : Mr.M.Rajendran (Party-in-Person) For R-1 : Mr.P.Thilak Kumar Government Pleader For R-2 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted to declare that the transport service and business performed by the State of Tamil Nadu, through its various State run Transport Corporation are committed to UNFAIR TRADE PRACTICES; and consequently, to direct the respondents not to register the case against the citizen of India, in the State of Tamil Nadu for their non-compliance and violation of Motor Vehicles Act 1988, Central Motor Vehicles Rules, 1989 and Tamil Nadu Motor Vehicles Rules, 1989, due to failure of due process by the State till the State of Tamil Nadu is strictly enforcing and complying with the Motor Vehicles Act 1988, Central Motor Vehicles Rules, 1989, and Tamil Nadu Motor Vehicles Rules, 1989, in the course of operation of stage carriages

through their transport service and business, for collection of a 'fair fare' from the commuters, in accordance with law.

2. The general relief as such sought for in the present Writ Petition need not be adjudicated by the High Court, since it involves disputed facts. The petitioner has got an option to approach the competent authorities as well as the Appellate Tribunal for adjudication of issues on merits. That being so, the present Writ Petition deserves no further consideration and consequently, stands dismissed. There shall be no order as to costs. (S.M.S.,J.) (G.A.M.,J.) 11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Principal Secretary to Government of Tamil Nadu, Home (Transport) Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Police, Dr.Radhakrishnan Salai, Chennai - 600 004.

S.M.SUBRAMANIAM,J.

and G.ARUL MURUGAN,J.

Lm 11.08.2025