P MARI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitions in W.P.(MD)Nos.5482 and 7259 of 2010 were filed by the very same petitioner who is a mini bus operator, W.P.(MD)No.5483 of 2010 is filed by the Proprietor of Saradha Transports, a stage carriage operator in Pudukkottai.

(2.) THE prayer in the first two writ petition is to challenge an order of the first respondent State Government made in G.O.Ms.No.271, Home (Transport) Department, dated 10.3.2010 and seeks for setting aside the same. In the third writ petition, i.e. W.P.(MD)No.7259 of 2010, the challenge is to the earlier order, dated 14.12.2009 made in G.O.Ms.No.1057, Home (Transport) Department, amending rule 149 of the Tamil Nadu Motor Vehicle Rules and seeks for a declaration that it is ultravires and unconstitutional.

(3.) THE first two writ petitions were admitted on 21.4.2010 and an interim stay of notification was granted. Subsequently, on matter being mentioned by the learned Advocate General, the matter was taken up on 23.4.2010. It was informed that a public hearing by the Principal Secretary to Government, Home Department was scheduled to take place on 26.4.2010 in Chennai and because of the interim order, it will not be possible for them to conduct a public hearing. Therefore, this court modified the order to enable the Government to hold the public hearing. But, in respect of the other matters, interim stay was directed to be continued. Liberty was also given to take out an application for vacating the interim order. An application to vacate the interim order was taken out by the State in M.P.(MD)Nos.3 and 3 of 2010 in both the writ petitions together with supporting counter affidavit, dated 29.4.2010.