Madras High Court
Coimbatore Consumer Cause vs State Of Tamilnadu on 23 February, 2024
Author: D.Bharatha Chakravarthy
Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy
W.P.Nos.31514 and 30282 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.Nos.31514 and 30282 of 2019
W.P.No.31514 of 2019
Coimbatore Consumer Cause
(Regd. No. 110/971)
No 3B, 4th Floor, Mayflower Valencia
1264-C, Avinashi Road
Nava India, Coimbatore 641 004
rep. by its Secretary K.Kathirmathiyon. .. Petitioner
Vs
1 State of Tamilnadu
Rep. by its Secretary to Government
Home (Transport VII) Department
Fort St. George
Chennai 600 009.
2 State of TamilNadu
Rep. by its Secretary to Government
Transport Department
Fort St. George
Chennai 600 009
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W.P.Nos.31514 and 30282 of 2019
3 The Transport Commissioner
Ezhilagam, Chepauk
Chennai 600 005
4 The Regional Transport Authority
Collectorate
Coimbatore and District. .. Respondents
W.P.No.30282 of 2019
1 Coonoor Consumber Protection Association
No.57-60 YMCA
Mount Road, Coonoor
The Nilgiris-643 102
Rep. by its President. .. Petitioner
Vs
1 The Secretary
Home (Transport-VI) Department
Fort St.George
Chennai-09.
2 The Regional Transport Officer
Udhagamandalam
The Nilgiris.
3 The Managing Director
Tamil Nadu State Transport Corporation (Coimbatore) Ltd
Merrupallayam Road
Coimbatore-43.
4 The General Manager
Tamil Nadu State Transport Corporation (Coimbatore) Ltd
Ooty Branch, Udagamandalam
The Nilgiris. .. Respondents
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W.P.Nos.31514 and 30282 of 2019
Prayer in W.P.No.31514 of 2019: Petition filed under Article 226 of the
Constitution of India seeking issuance of a writ of mandamus directing
the respondents to issue appropriate orders/instructions/directions to
all the Regional Transports Authorities and State Transport Authority in
Tamilnadu to carry vigorous checking for excess of the fares approved
as per G.O.Ms.No.48 dated 28.01.2018 of the 1st respondent under
Section 86(1)(a) of the Motor Vehicles Act based on the
representations dated 19.02.2019 and 20.09.2019 made by the
petitioner.
Prayer in W.P.No.30282 of 2019: Petition filed under Article 226 of the
Constitution of India seeking issuance of a writ of certiorarified
mandamu calling for the records of the 4th respondent in his
proceedings No.1091am(N)/TNSTC/or/2018 and the consequential
proceedings No.188 dm(N)/TNSTC/or/Udgai/19 and quash the orders
dated 13.9.2018 and 3.4.2019 subsequently issue appropriate
direction to forbear the 3rd and 4th respondents from collecting fare in
excess than the fare fixed by the 1st respondent in Notification No.III
in GO (Ms) No.48 Home (Transport VII) Department dated 28.1.2018
for their stage carriers at Nilgiris District.
For the Petitioner : Mr.S.Sathia Chandran
in W.P.No.31514/2019
For the Petitioner : Mr.R.Sivakumar
in W.P.No.30282/2019
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W.P.Nos.31514 and 30282 of 2019
For the Respondents : Mr.A.Edwin Prabakar
State Government Pleader
assisted by
Mr.K.Karthik Jagannath
Government Advocate
for all the respondents
in W.P.No.31514 of 2019
and respondent No.1
in W.P.No.30282 of 2019
: Mr.A.Sundaravadanan
for respondent No.4
in W.P.No.30282/2019
: No appearance
for respondent Nos.2 and 3
in W.P.No.30282 of 2019
COMMON ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.S.Sathia Chandran, learned counsel for the petitioner in W.P.No.31514 of 2019; Mr.R.Sivakumar, learned counsel for the petitioner in W.P.No.30282 of 2019; Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.K.Karthik Jagannath, learned Government Advocate, for all the respondents in W.P.No.31514 of 2019 and first respondent in ____________ Page 4 of 11 https://www.mhc.tn.gov.in/judis W.P.Nos.31514 and 30282 of 2019 W.P.No.30282 of 2019; and, Mr.A.Sundaravadanan, learned counsel for the fourth respondent in W.P.No.30282 of 2019.
2. These writ petitions are filed in public interest. Directions are sought against the respondents to issue appropriate orders/ directions to all Regional Transport Authorities and the State Transport Authority to carry out vigorous checking for excess collection of fares and suspend/cancel the permit of the violators who collect fares in excess of the fares approved as per G.O.Ms.No.46, dated 28.1.2018.
3. According to learned for the petitioners, stringent action is not taken by the authorities against the transport operators for overcharging of the fares. The State authorities only levy the compounding fees, thereby benefiting the State only, however, the same is not a deterrent to the transport operators. They keep on overcharging the fares. Lakhs of rupees are collected by the transport operators by overcharging the fares from the common ____________ Page 5 of 11 https://www.mhc.tn.gov.in/judis W.P.Nos.31514 and 30282 of 2019 public. The authorities are required to carry out vigorous checking of collection of excess fares than as approved by the government order and action also deserves to be taken against the erring transport operators as contemplated under Section 86(1) of the Motor Vehicles Act, 1988.
4. On the last date, we had observed about the overcharging of the fare by the private operators and the transport corporations. We had also observed that coercive steps are not taken against the erring transport operators. We had asked the government to file a counter and explain about the steps sought to be undertaken against the erring transport operators.
5. A counter affidavit is filed by the third respondent referring to the circular dated 19.2.2024.. In the affidavit filed by the third respondent, it is stated that on 8.2.2024, on the instructions of the State Government Pleader, all the Zonal ____________ Page 6 of 11 https://www.mhc.tn.gov.in/judis W.P.Nos.31514 and 30282 of 2019 Officers, Joint Transport Commissioners, Deputy Transport Commissioners, Regional Transport Officers, Motor Vehicles Inspectors, including Enforcement Wings, were directed to intensify the checking in respect of the excess fare collection and to take coercive action against such excess fare collections under Section 86(1) of the Act of 1988.
6. It is submitted by learned State Government Pleader that even compounding fees is proposed to be enhanced to Rs.15,000/-.
7. Time to time, the orders are passed by this court. The authorities concerned are required to take stringent steps to curb the menace of overcharging of the fares by the transport operators. Mere levying of compounding fees would not be the only solution. The Act of 1988 and the Rules framed thereunder provide for suspension and/or cancellation of the permits also. We can understand levying of compounding fees in respect of one ____________ Page 7 of 11 https://www.mhc.tn.gov.in/judis W.P.Nos.31514 and 30282 of 2019 or two lapses on the part of the transport operators in overcharging. However, a habitual erring transport operator overcharging the fare would not be deterred by only levying compounding fees. In such cases, stringent action has to be taken against the habitual erring transport operators. The authorities shall stringently employ the provisions of the Act of 1988 and the Rules framed thereunder against the erring transport operators found collecting excess fares. It is only after the petitions are filed the instructions are given. Regular checking in respect of the collection of excess fares by the transport operators should be the rule.
8. The steps which are suggested in the counter filed by the third respondent shall be undertaken immediately and also the steps against the habitual erring transport operators should be taken, as observed above in the present order.
9. As far as the contention of the transport operators in ____________ Page 8 of 11 https://www.mhc.tn.gov.in/judis W.P.Nos.31514 and 30282 of 2019 W.P.No.30282 of 2019 that they are running deluxe buses and have represented the State authorities to take a decision with regard to the fares is concerned, it is for the State Authorities to take a decision in accordance with law and the provisions of the Act of 1988 and the Rules framed thereunder.
With these observations, the writ petitions are disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.Nos.30263 and 30261 of 2019 are closed.
(S.V.G., CJ.) (D.B.C., J.)
23.02.2024
Index : Yes/No
Neutral Citation : Yes/No
sasi
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https://www.mhc.tn.gov.in/judis W.P.Nos.31514 and 30282 of 2019 To 1 The Secretary to Government State of Tamilnadu Home (Transport VII) Department Fort St. George Chennai 600 009.
2 The Secretary to Government State f TamilNadu Transport Department Fort St. George Chennai 600 009 3 The Transport Commissioner Ezhilagam, Chepauk Chennai 600 005 4 The Regional Transport Authority Collectorate Coimbatore and District.
5 The Secretary Home (Transport-VI) Department Fort St.George Chennai-09.
6 The Regional Transport Officer Udhagamandalam, The Nilgiris 7 The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Ltd Merrupallayam Road, Coimbatore-43 8 The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Ltd Ooty Branch, Udagamandalam The Nilgiris.
____________ Page 10 of 11 https://www.mhc.tn.gov.in/judis W.P.Nos.31514 and 30282 of 2019 THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) W.P.Nos.31514 and 30282 of 2019 23.02.2024 ____________ Page 11 of 11 https://www.mhc.tn.gov.in/judis