ALAGARSAMY Vs. STATE OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) An Auto rickshaw driver, plying the said vehicle, in Madurai District, for more than 10 years, has sought for a Writ of 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 Government, and the consequential order, issued by the District Collector cum Regional Transport Authority, Madurai District, 4th respondent herein, 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. In the supporting affidavit, the petitioner has contended that the Government, have issued G.O.Ms. No. 48, fixing the auto rickshaw fares. Thereafter, representations were made, to revise the auto rickshaw fares, in the State of Tamil Nadu. Government have issued G.O. No. 772, Home (Transport-III) Department, dated 16.10.2014, revising the auto fare. In tune with the abovesaid Government Order, the District Collector cum Regional Transport Authority, Madurai District, 4th respondent, has issued an order, in Se. Mu. Aa. No. 63577/E2/2014, dated 16.10.2014, fixing the minimum auto rickshaw fare, at Rs. 25/-, upto 1.8 kilometers, and Rs. 12/-, for each subsequent kilometers. In the abovesaid proceedings, waiting charge for every five minutes was fixed at Rs. 3.50/- and additional 50% fare than day fare, was fixed as night fare (from 11 P.M. to 5 A.M.). The authority has also stated that fares, so fixed, would come into effect from 16.10.2014.

(2.) It is the grievance of the petitioner that when auto rickshaws with different brand names, namely, Ape, Ape City, Mahindra Alpa, Bajaj Altima, are permitted, to carry only three passengers, they are being used, as share autos, carrying more than 10 passengers, at a time and on account of the same, several accidents are reported every day, and valuable life of the general public, is also affected.

(3.) It is the further grievance of the petitioner that 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 Regional Transport Authority, Madurai District, 4th respondent, in Se. Mu. Aa. No. 63577/E2/2014, dated 16.10.2014, have not been implemented, in letter and spirit, in so far as the abovesaid vehicles, are concerned.