LAWS(MAD)-2002-7-270

C. LAKSHMI NARAIN Vs. THE GOVERNMENT OF TAMIL NADU REPRESENTED BY ITS COMMISSIONER AND SECRETARY, TRANSPORT DEPARTMENT, FORT ST. GEORGE, MADRAS,

Decided On July 12, 2002
C. LAKSHMI NARAIN Appellant
V/S
The Government Of Tamil Nadu Represented By Its Commissioner And Secretary, Transport Department, Fort St. George, Madras, Respondents

JUDGEMENT

(1.) Since all these writ petitions have been filed by the very same Petitioner and the subject matter is one and the same, they are being disposed of by the following common order. C. Lakshmi Narain, a practising Advocate of this Court and President of the Madras Auto Passengers' Association has filed all the three writ petitions. In W.P. No. 15730 of 95 the Petitioner challenges G.O. Ms. No. 1651 Home (TR VI) dated 31 -10 -95 in and by which the Government has fixed the minimum charge as Rs. 6 -00 and Rs. 3 -00 per additional K.M. as fare for autorickshaws. In the same writ petition, he also seeks for a direction for appointment of an independent expert committee either by this Court or by the State Government to examine the proper fare increase for the autorickshaws in the city.

(2.) In Writ Petition No. 15731 of 1995 the Petitioner seeks to issue a Writ of Declaration declaring Sec. 67 of the Motor Vehicles Act, 1988 as violative of the Constitution of India in so far as it deprives citizens of the opportunity of making objections and a hearing before an independent authority or Commission in the matter of fixation of fares and freights under the motor Vehicles Act.

(3.) In Writ Petition No. 17246 of 1996 the very same Petitioner challenges G.O. Ms. No. 1679 Home (TR VI) dated 5 -11 -96 in and by which the Government have increased the minimum fare as Rs. 7/ - and Rs. 3 -50 per K.M. for autorickshaws plying in the city. In the same writ petition, again he asked for a direction for appointment of an expert committee to examine proper fare increase for autorickshaws in the city and also seeks for a further direction to the Respondents to make all meters in the autorickshaws tamper proof either by fixing electronic meters or such other devices and also issue direction to the Respondents to investigate about the real ownership of the autos in the city.