Madras High Court
M. Chellappan vs The Principal Secretary/Transport ... on 15 July, 2019
Equivalent citations: AIRONLINE 2019 MAD 434
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15/7/2019
CORAM
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.9655 of 2019
M. Chellappan ... Petitioner
Vs
1. The Principal Secretary/Transport Commissioner
Transport Department
Ezhilagam, Chepauk
Chennai 600 005.
2. The Additional Transport Commissioner
Transport Department
Ezhilagam, Chepauk
Chennai 600 005.
3. The Joint Transport Commissioner (Road Safety)
Transport Department
Ezhilagam, Chepauk
Chennai 600 005.
4. The Tamil Nadu State Transport Authority
147 Thiruvottriyur High Road
Kasipuram, Tondiarpet
Chennai 600 081.
http://www.judis.nic.in
2
5. The Federation of Bus Operators Association
rep. By its President
19 Bishop Wallers Avenue East
Mylapore
Chennai 600 004. ... Respondents
Prayer Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of mandamus, directing the
respondents 1 to 5 to act on the representation of the petitioner, dated
22/10/2018 and consequently ensure that there is no over-loading of
passengers in transport vehicles over and above the prescribed limits.
For petitioner ... Mr.T.Gowthaman
For respondents ...
Mr.E.Manoharan
Additional Government Pleader
for R.R.1 and 2.
------
ORDER
(Order of the Court was made by S.Manikumar,J) Petitioner has sought for a writ of mandamus, directing the respondents 1 to 5, to act on the representation of the petitioner, dated 22/10/2018, and consequently, to ensure that there is no over-loading of passengers, in transport vehicles over and above the prescribed limits.
http://www.judis.nic.in 3
2. Facts in brief are as follows:-
As per the information obtained from the Assistant Secretary II / Public Information Officer of the first respondent’s office, dated 19/4/2018, vide, Document, bearing Na.KaNo.12462/M/2018, the number of passengers permitted for a mini bus with a maximum range of operation of 20 KMS with a minimum fare of Rs.2/-is 25+2 and no passenger is permitted to stand in a mini bus. The maximum number of passengers, permitted in a mofussil bus is 55+2 and the maximum permitted occupants in a share auto at a given point of time is 5+1.
But the drivers of such vehicles allow nearly two times the maximum permissible limit. In Share Autos, 10 passengers are allowed to board per trip as against the maximum permissible limit of 5 Passengers. In Mini Buses, there are invariably 50 passengers allowed to board per trip as against the permitted limit of 25 passengers.
3. Additional 5 passengers are allowed to sit on the luggage area and in the front side along with the driver. This poses a high level of risk to the driver in maneuvering the vehicle in heavy traffic areas and causes accidents. This is extremely dangerous for two wheeler drivers http://www.judis.nic.in 4 and pedestrians, as the passengers sitting in the front with the driver completely blocks the view of the driver on one side. This kind of blindsiding, coupled with the abnormal speed and high traffic, particularly during peak hours, is an absolute nightmare. Such drivers not only pose danger to the other people on the road, but also to their own passengers in the vehicle.
4. Similarly in mini buses, additional passengers are allowed to stand in the strap hanger area which is meant only for the passengers, to get down and board the vehicle comfortably. The loading capacity and the engine of the vehicle is designed for 25 passengers and on this abnormal additional load the vehicle takes a huge toll on the passenger safety. The drivers of the mini buses drive them at very high speed and turn at the small roads at steep angles to adjust to this heavy load. This again is very dangerous for the passengers, who are standing in the bus, particularly when there are speed breakers, pot holes or overtaking vehicles. Such minibuses pose a grave and imminent threat to the other vehicles on the road and they break down at frequent intervals due to such exorbitant loads.
http://www.judis.nic.in 5
5. Identical problems are encountered in mofussil buses while accommodating the excess passengers in mini buses, as well as mofussil buses, overloading leads to space constraint, which in turn leads to foot-
board travelling. In every case of over-loading of passengers, apart from regular passengers, pregnant women, elderly people, patients, children, physically-challenged people are put to double the risk in terms of injuries and suffocation. Due to their financial constraints, the public at large continue to use buses and share-autos for commutation regardless of the risks posed by such travel.
6. Government vehicles are put under enormous strain that leads to huge wear and tear on abysmal road conditions and that is reflected by the fact that the vehicles wear down even within the first one to two years, which in turn increases the costs of vehicle maintenance. This leads to an increasing labour in the state maintained workshops, causing scarcity in the availability of parts than the assessed count of parts liable to be purchased every year. Due to this reason, many vehicles end up in workshop for a longer term for repairs and many occasions, the drivers are forced to operate the vehicles for more distance and time to cover the routes at a quicker time increasing the road risk, apart from http://www.judis.nic.in 6 causing a huge dent on the fuel and repair expenses,since the vehicle is never run with the optimum operating load.
7. As per the information obtained from Assistant Secretary II/ Public Information Officer of the second respondent’s Office, in Document bearing Na.Ka.No.42416/12/2017, Road Tax collected for Mofussil Buses is Rs. 400 + Rs.100 = Rs. 500/-, per quarter, the Road tax collected for mini buses is Rs.160 + Rs.40 = Rs. 200/- per quarter, and the Road tax collected for Share Autos is Rs. 4000/- for five years. All the taxes are collected only on the basis of the vehicle’ seating capacity. Due to the excess loading of the passengers, the Government suffers a cumulative revenue loss of Rs. 5,00,00,000 (Rupees Five Crores Only) per day in Road Tax alone.
8. On 22/9/2014, State Human Rights Commission of Tamilnadu, in Case No.6017 of 2014/C2, passed an order to the Additional Transport Commissioner, Transport Department, Chennai, 2 nd respondent herein, for necessary action. On 9/12/2014, Tamilnadu State Legal Services Authority, in TNSLA No.6431/G/2014 referred a Petition to the 2 nd Respondent, for necessary action and sought for the report of action taken. On 18/9/2018, District Collector of Erode, through Na.Ka No. http://www.judis.nic.in 7 18423/2018, directed the Assistant Commissioner (Traffic), Erode, for necessary action. In spite of all the above, no effective action has been taken, to curb the menace of over-loading and the perfunctory actions taken, are not commensurate with the problem.
9. Petitioner has submitted petitions to various officials in the Transport Department and District Collector and also held public protests, for which F.I.R has also been registered against him.
Petitioner was remanded for 15 days on falsified charges. No periodical checks are in place, to ensure that violators are taken to task. No efforts have been taken to create appropriate awareness to the passengers and drivers of the vehicles as regards the maximum number of passengers in the vehicles and their right to get comfort in the travel.
Under such circumstances, petitioner has given a detailed representation, to the respondents, on 22/10/2018, setting out the issues faced by the passengers, revenue loss to the Government and the increased maintenance costs to the transport vehicles. However, respondents 1 to 5 have not taken any action against the vehicle owners and the justified apprehensions raised, in spite of so many road accidents happening every day. In other words, they have been permitting a glaring illegality to continue in spite of being several http://www.judis.nic.in 8 representations made, to highlight the issue. The inaction on the part of the respondents is causing prejudice to the petitioner. Hence the petitioner has come forward with the instant writ petition, praying for the relief, as stated supra.
10. Transport Commissioner, Chepauk, Chennai 5, has filed a status report on behalf of the Principal Secretary/Transport Commissioner, Chennai; Additional Transport Commissioner, Chennai and Joint Transport Commissioner (Road Safety), Transport Department, Chennai, respondents 1 to 3 respectively and the same reads thus:-
“On 14/6/2019, a Hon'ble Division Bench upon hearing the matter, has directed the Transport Commissioner to take action against the overloading of persons in the vehicles such as Stage Carriages (Private), Autos, Share Autos etc,for the past 3 years from 01.06.2016.
In this regard, petitioner submit that, stringent action has been taken against the permit holders of Stage Carriages, Autos and other passenger category vehicles which carrying overloading of persons in their vehicles. It is submitted Section 19 of Motor Vehicles Act, 1988 empowered the Licensing Authorities to disqualify from holding a driving licences or revoke such licences. It is submitted that Section 19(l)(d) provides that any person by his previous conduct as http://www.judis.nic.in 9 driver of the motor vehicle shown that his driving is likely to be attended with danger to the public and Section 19(1) (i) provides for the disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or description of vehicles specified in the licence.
If any passenger vehicle carrying overloading of persons driven by a driver will likely to be punished by invoking Section 19(1) (d) of Motor Vehicles Act, 1988 for a specified period by the licensing authorities in the state of Tamil Nadu.
Section 86(l)(a),(b) of Motor Vehicles Act, 1988 provides for cancellation and suspension of permits for such period by the Transport Authorities which granted a permit to the vehicles for such a period as it thinks it. It is submitted that by following this provisions, the Transport Authorities in the state of Tamil Nadu are suspending or cancelling the permits which contravenes the provisions of Section 84 of Motor Vehicles Act, 1988 which specify the general conditions attached to all permits. The suspension of permits also been made the Transport Authorities in the state of Tamil Nadu.
In obedience to the directions issued by the Hon'ble Court on 14.6.2019 all zonal officers of Transport Department in the State of Tamil Nadu were addressed to furnish the particulars for the period from 1.6.2016 to 31.5.2019. The following table will reveal the No.of vehicles http://www.judis.nic.in 10 checked, Total No.of vehicles inspection reports/Check reports and amount of compounding fees collected for the above mentioned period.
Table.
1/6/2016 to 31.05.2017
Class of Total No. Of Total No. of Amount of
vehicle vehicles check report compounding fees
checked. issued. collected
Stage 6824 224 131900
Carriage
Mini Buses 5147 248 562300
Autos 40151 8126 3754800
Share autos 4930 301200
1288
1/6/2017 to 31.5.2018
Class of vehicle. Total No. of Total number Amount of
vehicles of check compounding
checked. report issued fees collected
Stage Carriages 7287 322 163300
Mini Buses 5309 159 154100
Autos 38711 7598 3803800
Share Autos 4870 1291
281100
1/6/2018 to 31/5/2019
Class of vehicle Total No. of Total No. of Amount of vehicles check report compounding checked issued. fees collected Stage Carriages. 6747 236 130700 Mini Buses 4570 118 93400 Autos. 38989 8104 4000200 http://www.judis.nic.in 11 Share Autos. 3838 943 329500
11. Heard Mr.T.Gowthaman, learned counsel for the petitioner and Mr.E.Manoharan, learned Special Government Pleader for the respondents 1 to 3 and perused the materials available on record.
12. Material on record discloses that for an application under Right to Information Act, 2005, Public Information Officer/Assistant Secretary I, Transport Commissioner Office, Chennai, has sent a reply, to the petitioner as hereunder:-
“The following are the information given to the questions sought for, under the Right to Information Act, 2005.
Information sought for Provided information
1. How many passengers can travel 55 + 2 = 57 by sitting in Mofussil Buses? For 3 per seat Rs.400 + 100 = 500/-
months or for a year how much road tax is levied by the Government?
2. How many passengers can travel 25 + 2 in the mini bus and how many can No permission for travelling by travel by sitting? How many can standing.
travel by standing? How much road Road tax per seat is
tax for the same? Rs.160 + 40 _ 200/-
3. How many passengers can travel 4 + 1 = 5 persons can travel in the share auto? How much road Tax is Rs.4,000 (for five years) tax for the same?
http://www.judis.nic.in 12 Information sought for Provided information
4. What is the bus fare for the town Town bus – Mini bus fare is bus, mini bus and share auto? Rs.3/- and Rs.2/-/ Share Auto Rs.1/- (for person per kilometer)
13. For another petition, dated 8/3/2018, the Public Information Officer/ Assistant Secretary - I, Officer, Transport Commissioner, Chennai, has sent a reply, dated 19/4/2018 to the petitioner. Despite, the receipt of the above said replies, petitioner is stated to have sent a letter, dated 22/10/2018 to the Chief Secretary, Chennai. No postal acknowledgment has filed.
14. Status report reveals that pursuant to the directions issued by this Court, on 14/6/2009, Zonal Officer, Transport Corporation Department, has submitted details of the number of vehicles checked, check reports issued and amount compounded.
15. Earlier, when one Mr.Alagirisamy, filed W.P.(MD) No.4253 of 2015 against 1. State of Tamil Nadu, Transport Department and four others, for a mandamus, directing the respondents, to constitute special teams, comprising of officials from the Revenue Department, Transport Department and Police Department, for the effective implementation of G.O. No. 772, Home (Transport-III) Department, dated 16.10.2014, issued by the 2nd respondent http://www.judis.nic.in 13 therein, the Government, and the consequential order, issued by the District Collector cum Regional Transport Authority, Madurai District, 4th respondent therein, in Se.Mu.Aa. No. 63577/E2/2014, dated 16.10.2014, relating to monitoring the functioning of meters, collection of excess auto fare from the passengers, more than revised auto fare fixed by the respondents, 2 and 4, and carrying number of passengers, not exceeding three persons, at a time, in all the auto rickshaws, including the autos, with different brand names, Viz., Ape, Ape City, Mahindra Alpa, Bajaj Altima and other auto rickshaws vehicles, being operated in Madurai District, within a time frame, to be fixed by this Court, after considering G.O.Ms.No.772, Home (Transport – III) Department, dated 16/10/2014, and the proceedings of the District Collector, Madurai, dated 16/10/2014 and taking note of the cases registered and compounded, Madurai Bench of this Court, vide, order, dated 22/4/2015, in W.P.(MD) No.4253 of 2015, ordered as hereunder:-
“14.G.O. No. 772, Home (Transport-III) Department, dated
16.10.2014 is extracted hereunder:— HOME DEPARTMENT ENHANCEMENMT OF RATES OF FARE FOR CONTRACT CARRIAGE AUTO RICKSHAWS PLYING IN COIMBATORE AS WELL AS OTHER DISTRICTS OF TAMIL NADU UNDER MOTOR VEHICLES ACT.
[G.O.Ms. No. 772, Home (Transport-III), 16th October 2014] No. 11(2)/H0/607(B)/2014 http://www.judis.nic.in 14 In exercise of the powers conferred by clause (i) of sub-section (1) of Section 67 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) the Governor of Tamil Nadu hereby directs the Regional Transport Authorities of Tamil Nadu to revise the rates of fare for contract carriage auto rickshaws plying within their respective Districts as specified below:—
(i) Minimum charge for first 1.8 kilometers : Rupees twenty five only.
(ii) For each additional Kilometer: Rupees twelve only.
(iii) Detention charges: Rupees three and fifty paise only for every five minutes.
(iv) Night service charges (between 11.00 p.m. and 5.00 a.m): In addition to the total fare calculated at the above rate, an additional charge of fifty percent of the total fare.
APURVA VARMA Principal Secretary to Government
15. Consequently, the District Collector cum Regional Transport Authority, Madurai District, has issued proceedings in Se.Mu.Aa. No. 63577/E2/2014, dated 16.10.2014, fixing the same rate and communicated the orders of the Government, to the Commissioner of Police, Madurai City, Superintendent of Police (Madurai Rural), Joint Commissioner of Transport Department, Madurai, Regional Transport Officers (Madurai City), Consumer Organisations, Madurai. The District Collector cum Regional Transport Authority, Madurai District, has also made print and visual communications, through newspapers and televisions.
16. The District Collector cum Regional Transport Authority, Madurai District, has also granted 45 days time, to the auto owners, for recalibration of electronic meters. In addition to the above, he has also directed that details of the auto fares, should be pasted or written in every auto rickshaw. Copy of permit issued by the Regional Transport Authority, Madurai City, produced before this Court, in respect of the permit holder, shows that the seating capacity of the three wheeler auto rickshaw, is four in all, including the driver. It is the submission of the learned Special Government Pleader that all the three wheeler auto rickshaws with different manufactures, with different names, Viz., Ape, Ape City, Mahindra Alpa, Bajaj Altima, are permitted to carry only, three passengers.
17. Perusal of the permit shows that three wheeler auto rickshaw permit holders plying on the road, with abovesaid names are http://www.judis.nic.in 15 permitted to operate the vehicle, within the radius of 30 kilometers from the centre point of the town or place of residence of the permit holder, upto the distance of town buses plying or upto the district border, whichever is less. It is also made clear that the permit, does not enable the holder, to use the vehicle herein, described as stage carriage or goods carriage.
18. Though the Regional Transport Authority, present before the Court, has submitted that all the abovesaid vehicles, have been permitted to carry only three passengers, it is the grievance of the petitioner that taking advantage of the size of the vehicle (length and breadth), fixtures are put up, by the auto drivers or the auto owners, as the case may be, and thus by carrying more than three passengers, permitted by the Regional Transport Authority, Madurai District, such vehicles are being used, as share auto rickshaws and that despite continuous representations, no action has been taken. Possibility of the vehicles with bigger size, being used to carry passengers, more than three, cannot be completely, ruled out, as some of the photographs produced before this Court, indicate temporary fixture in a auto, but as per the counter affidavit filed by the District Collector cum Regional Transport Authority, Madurai District, the details relating to number of cases booked, fine amount collected by the Traffic Department and number of cases checked by the Transport Department, make it clear that wherever auto rickshaws are operated, (i) without meters; (ii) though the meters were fitted, but not operated and (iii) overloading cases, compounding fee, has been collected by the Transport Authority. Likewise, the traffic police has also taken action against several auto drivers, for, (i) demanding excess fare; (ii) autos without meters;
(iii) autos carrying excess passenger and (iv) other cases, and collected fine amount of Rs. 27,24,550/-. Thus, both the Transport Department and the Traffic Police, have taken action against perpetrators of law, or those who have contravened, the Government Order in G.O. No. 772, Home (Transport-III) Department, dated 16.10.2014, issued by the 2nd respondent Government and the consequential order issued by the District Collector cum District Transport Authority, Madurai District, 4th respondent in Se.Mu.Aa. No. 63577/E2/2014, dated 16.10.2014. The details of action taken by the Transport Department and the Traffic Police are extracted from the counter affidavit.
AUTO RICKSHAW CHECKING PARTICULARS BY the TRANSPORT AUTHORITY http://www.judis.nic.in 16 Sl. Name of No. of Compoundry Remarks No. Irregularities Check Fees Report 1 Plied without fare 122 3,05,000 For the 3 items of meter irregularise mentioned here 290 auto rickshaws are 2 Fare meter fitted. But 297 4,92,200 detained. From 3rd week of not operated.
February onwards 113
3 Over load by persons 93 56700 permit has been
suspended. If the permit is
Total 512 8,53,900
already suspended for 2
times then that the permit
will be cancelled in the 3rd
time instead of suspension
Likewise, the Traffic Police have taken the following actions.
Year/Month Auto Demanding Auto Auto carrying Auto other Auto total Fine collected
Excess fare without excess cases cases (in Rs)
meter passenger
2014/December 5 655 1091 3451 5202 7,05,300
2015/January 432 655 1949 3065 6101 6,29,800
2015/February 347 242 806 2937 4332 7,17,950
2015/March 376 161 615 2845 3997 6,71,500
Total 1160 1713 4461 12298 19632 27,24,550
19. In addition to the above, the District Collector, Madurai District, has also stated that (i) for plying the vehicle without fare meters; (ii) fare meters fitted, but not operated and (iii) for overloading, from the third week of February onwards, 113 permits have been suspended.
20. Thus, from the details extracted supra, it is evident that the District Collector cum Regional Transport Authority, Madurai District, 4th respondent, has taken action, against the violators and thus, taken steps to implement G.O. No. 772, Home (Transport-III) Department, dated 16.10.2014.
21. Compounding fee and fine amount put together works out to Rs. 35,78,450/-. About 19,632 cases have been registered within a span of four months between December 2014 to March 2015, under various heads.
http://www.judis.nic.in 17
22. Contention of the petitioner that respondents 4 and 5 have not taken any action, for effective implementation of G.O. No. 772, Home (Transport-Ill) Department, dated 16.10.2014, cannot be accepted. Having regard to the averments, made in the counter affidavit, with specific details, the request of the petitioner, for issuance of a Mandamus, directing the respondents, to constitute special teams comprising of the officials from the Revenue, Transport and Police Departments, for effective implementation of G.O. No. 772, Home (Transport-III) Department, dated 16.10.2014, as stated supra, cannot be granted.
23. In so far as the three wheeler five auto rickshaws vehicles, this Court deems it fit, to extract G.O.Ms. No. 1493, Home (Transport-VI) Department, dated 30.10.1998, G.O.Ms. No. 277, Home (Transport-VI) Department, dated 22.03.2001, and the consequential order issued by the Special Commissioner and Transport Commissioner, Chennai, in R. No. 99243/G3/99, dated 18.05.2001, to all the Regional Transport Officers in Tamil Nadu.
GOVERNMENT OF TAMIL NADU ABSTRACT Motor Vehicles — Scooters India Limited — Vikram 3 Wheeler 5 Seater Diesel Vehicle — Permission to run as Autorickshaws in Tamilnadu — Rates of fare fixed — Notified.
—
HOME (Transport-VI) DEPARTMENT
G.O.Ms. No. 1493 Dated: 30.10.1998
Read:
ORDER
In the G.O. First read above, the Government have permitted to register Vikram 3 Wheelers 5 Seater Autorickshaws as a public service vehicls (Motor Cabs) in Tamilnadu. In this G.O. Third read above, the Government have granted permission for running 100 Vikram 3 wheeler 5 seater diesel vehicles as autorickshaws in the city of Chennai on experimental basis.
2. After careful consideration regarding the fare to be collected from the public for travelling in these vehicles, the Government have decided to fix the fare at Rs. 1/- per head per kilo meter (No meter need of fixed). Accordingly, they direct that the fare for vikram 3 Wheeler 5 seater diesel vehicles be fixed at Rs. 1/- per head per kilo meter.
3. The following Notification will be published in the Tamilnadu Government Gazette:— NOTIFICATION In exercise of the powers conferred by sub-section (1) of section 67 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Governor of Tamilnadu http://www.judis.nic.in 18 hereby directs that the fare for the three wheeler and five seater contract, Carriage, be fixed at Rs. 1/- (Rupee one only) per kilo meter.
R. POONLINGAM SECRETARY TO GOVERNMENT
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GOVERNMENT OF TAMILNADU ABSTRACT Motor Vehicles — Auto rickshaws — 3 wheeler with 5 seater vehicles — Issue or Autorickshaw permits to run in the districts and Chennai city — orders — Issued.
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HOME (Transport-VI) DEPARTMENT G.O.Ms. No. 277 Dated:
22.3.2001
1. G.O.Ms. No. 1492 Home dated 30.10.98.
2. G.O.Ms. No. 1493, Home dated 30.10.98.
3. From the Transport Commissioner, Chennai, Letter No. H3/99743/2000, dated 14.10.2000.
****** ORDER In the G.O. first read above, the Government permitted the plying of 100 five seater autos (Vikram) in Chennai City manufactured by Scooters India Limited, a Government of India Enterprise. The transport Commissioner, Chennai, in his letter thrid read above has recommended that 50 more permits for 5 seater autos may be given to each Regional Transport Office, in Chennai and 50 each for district head quarters considering the public need. The Commissioner of Police has also agreed to the proposal of the Transport Commissioner.
2. The Government have examined the proposal of Transport Commissioner. They consider that as far as Chennai city is concerned, it would be sufficient if another 100 five seater Autos are permitted instead of permitting 50 additional Autos for each Regional Transport Office in Chennai City. However, in respect of district head quarters, 50 five seater Autos can be permitted as recommended by Transport Commissioner. Accordingly, the Government decided that 100 additional auto permits for 5 seater autos in Chennai city and 50 each for other Regional Transport Officers in district head quarters be allowed. The Transport Commissioner is requested to take suitable action accordingly.
(BY ORDER OF THE GOVERNOR) SANTHA SHEELA NAIR SECRETARY OF GOVERNMENT http://www.judis.nic.in 19 Letter.R. No. 99243/G3/99, Dated 18.5.2001 Sir, Sub: Motor Vehicles — Auto rickshaw-3 Wheeler five seater Vehicles — Issue of Auto Rickshaw permits to run in the districts and Chennai City — Orders issued — certain clarification requested — regarding. Ref: 1. G.O.Ms. No. 277, 278 Home (Tr.II) Dept, dated 22.3.2001 and 1492, 1493 dated 30.10.98 in this office letter of even No. dated 11.4.2001.
2. Letter No. 30807/B2/2001 dated 9.4.2001 from the RTO, Coimbatore (North)
3. Letter No. 9237/A2/2001 dated 2.4.2001 from the RTO, Kanchipuram.
4. Letter No. 30166/2001 dated 20.4.2001 from the RTO, Erode.
5. Letter dated 30.4.2001 from Tvl. Bajaj Tempo Ltd., warren Road, Chennai-
4.6. Letter dated 29.3.2001 from Scooters India Ltd., 9, Dr. Lakshmanaswamy salai, K.K. Nagar West, Chennai-78.
****** I invite your personal attention to the Government orders communicated in this office letter first cited and request you to adhere to the instructions of Government orders and also to the following conditions while granting the permits for 5 seater Auto Rickshaws.
1. The above permits shall be issued to the persons who are in Chennai City and District Head quarters (subject to the ceiling prescribed in G.O. 277 & 278 dt:22.3.2001)
2. The inner height of the vehicle shall not be less than 1219 mm.
3. All the seats shall face forward and the distance between 2 seats (Back to Back) shall not be less than 860 mm.
4. The vehicle shall be provided with head of roofing.
5. The vehicles may be permitted to ply within a radius of 30 KM from the place where the vehicle is normally kept for use (as specified by the applicant in the application).
6. Fare shall be collected at the rate of Rs. 1 per K.M. as ordered in G.O.Ms. No. 1493 dated 30.10.98.
7. Tax shall be collected at the rate prescribed in schedule 1 SL No. 5A(b)(ii) of Tamilnadu Motor Vehicles Taxation Act 1974 i.e. at the rate of Rs. 700/- per annum and Rs. 3500/- for five years.
The Regional Transport Officers are requested to send acknowledgements to the respective Zonal Officers and the Zonal Officers may send their acknowledgements to this office.
Sd/- M.P. PRANESh Special Commissioner and Transport Commissioner http://www.judis.nic.in 20
24. When three wheeler five seater auto rickshaws, have been permitted to carry five passengers, as per the Government Order, they have to collect fare of Rs. 1/- per person/per kilometer, no meter need be fixed. Such three wheeler five seater auto rickshaws, are called as, share autos, and they are permitted to ply within 30 kilometers radius, from its parking place. They can carry six persons in all, including the driver, at Rs. 1 per person, per kilometer.
25. In view of the above discussion, we issue the following directions:—
(i). G.O. No. 772, Home (Transport-Ill) Department, dated 16.10.2014, issued in respect of three wheeler auto rickshaws, permitted to carry three passengers alone, cannot be made applicable to three wheeler five seater auto rickshaws, since both are different categories.
(ii). In respect of three wheeler auto rickshaws, with the brand names, Viz., Ape, Ape City, Mahindra Alpa, Bajaj Altima, by same or different manufacturers, though permitted to carry, only four persons in all, including driver (3+1), should not be permitted to carry more than the permitted passengers.
(iii) Three wheeler auto rickshaws should not be permitted to have any additional fixtures, making it convenient, to carry more passengers, than permitted. The additional fixtures made, if any, should be directed to be removed.
(iv). The District Collector cum Regional Transport Authority, Madurai District, 4th respondent, and the Commissioners of Police, Madurai City and Madurai Rural, are directed to issue suitable instructions, to intensify action, by the respective departments, to avoid any complaints from the public.
(v) Wherever recalibration of electronic meters is not done within the time, suitable action should be taken.
(vi) Wherever, it is found that compounding fee and payment of fine, is made for violation of permit conditions, then, as per Section 86 of the Motor Vehicles Act, the District Collector cum District Transport Authority, Madurai District, 4th respondent, is directed to issue instructions to all the Transport Authorities, to take action, in those cases, for suspension or cancellation of permit, as the case may be, subject of course to the instructions already issued.
(vii). The District Collector cum District Transport Authority, Madurai District, 4th respondent, and the Commissioners of Police, Madurai City and Rural, are directed to issue suitable instructions, to the Regional Transport Officers, Madurai City, and the Police, to take appropriate action against share autos, if they carry more than five persons.
(viii) Temporary or permanent fixtures in the five seater share autos should not be allowed.
(ix) The District Collector cum Regional Transport Authority, Madurai District, 4th respondent, is directed to ensure submission of http://www.judis.nic.in 21 periodical reports, once in a month, to him, by the Regional Transport Officers in Madurai City.
(x) The Commissioners of Police, Madurai City and Rural, are also directed to ensure, submission of periodical reports, by the respective jurisdictional Officers.
26. Though the relief sought for by the petitioner, is declined, for effective enforcement of the provisions of the Motor Vehicles Act, 1988, and G.O. No. 772, Home (Transport-Ill) Department, dated 16.10.2014 issued by the 2nd respondent, Government and the consequential order issued by the District Collector cum District Transport Authority, Madurai District, 4th respondent in Se.Mu.Aa. No. 63577/E2/ 2014, dated 16.10.2014, the above directions are issued.”
16. Directions issued in W.P.(MD) No.4253 of 2015, dated 22/4/2015, should be made applicable to all the Districts in the State. In the light of the above, instant writ petition No.9655 of 2019, is disposed of, on the same lines as that of W.P.(MD) No.4253 of 2015. Respondents are directed to implement the orders of this Court, in letter and spirit.
17. Mr.E.Manoharan, learned Additional Government Pleader submitted that he would furnish the details of the implementation of the orders made in W.P.(MD) No.4253 of 2015, dated 22/4/2015. In so far as Madurai District is concerned, post on 18/7/2019, for reporting compliance.
18. Registry is directed to post the instant writ petition, on 13/8/2019, for reporting compliance.
http://www.judis.nic.in 22
19. Principal Secretary/Transport Department, Chennai, is directed to issue suitable circular/instructions to all the District Level Officers and monitor implementation of the orders of this Court. Monthly reports be furnished to the Principal Secretary/Transport Commissioner, Transport Department, Chennai, first respondent.
(S.M.K.,J) (S.P.,J) th 15 July 2019 mvs.
Index: Yes/no Internet: yes/no To
1. The Principal Secretary/Transport Commissioner Transport Department Ezhilagam, Chepauk Chennai 600 005.
2. The Additional Transport Commissioner Transport Department Ezhilagam, Chepauk Chennai 600 005.
3. The Joint Transport Commissioner (Road Safety) Transport Department Ezhilagam, Chepauk Chennai 600 005.
http://www.judis.nic.in 23 S.MANIKUMAR,J AND SUBRAMONIUM PRASAD,J mvs.
Writ Petition No.9655 of 201915/7/2019 http://www.judis.nic.in