N MUTHUKRISHNAN Vs. D PUSHPAM

JUDGEMENT

(1.) When the miscellaneous petitions in the writ appeals were listed for hearing, at the request of the learned counsel appearing for all the parties, both the writ appeals and the connected writ petitions were taken up for final hearing. Since the issues raised are identical, both the writ appeals and the writ petitions are disposed of by this common order.

(2.) Sometime during the year 1997, the Government considered the introduction of five seater autos by permitting private individuals to operate, as the same could meet the needs of the traveling public to a large extent. Hence, initially, the Government in G.O.Ms.No.1058 Home Department dated 17.07.1997 permitted the registration of VIKRAM five seater autos developed by scooters India limited as a passenger carrier (Public Service Vehicle). Thereafter, the Government in G.O.Ms.No.1492 Home Department Dated 30.10.1998 permitted the registration of 100 five seater autos in Chennai City on an experimental basis. The fare structure of Re.1/- per head per K.M., was also notified by the Government in G.O.Ms.No.1493 Home Department dated 30.10.1998. The proposal submitted by the Transport Commissioner in his letter dated 14.10.2000 to permit five seater autos in other parts of the State was examined by the State Government. Accordingly, G.O.Ms.No.277 Home (Transport Department VI) dated 22.03.2001 was issued, permitting five seater autos not exceeding 50 in number in each district headquarters of the State. By a subsequent order in G.O.Ms.No.278 Home (Transport VI) Department dated 22.03.2001, the Government also permitted five seater vehicles developed by Bajaj India Limited to be registered as autos to be permitted to ply in Chennai city and other places in the State on the same pattern permitted in G.O.Ms.No.277 Home Department dated 22.03.2001. These orders were issued in exercise of powers under Section 67 of the Motor Vehicles Act, 1988.

(3.) In pursuance of the said orders, the Transport Commissioner, State of Tamil Nadu by letter dated 18.05.2001 issued certain instructions to all the Transport Officers in Tamil Nadu. For better appreciation of the Government Orders and the instructions of the Transport Commissioner, the same are extracted as under:-