R. GOBIKA Vs. STATE OF TAMILNADU, REP. BY ITS PRINCIPAL SECRETARY, HOME (TRANSPORT) DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI 600 009 AND OTHERS

JUDGEMENT

(1.) The public interest litigation seeks to raise the issue of overcharging by private operators, specifically over the weekends, contrary to the rates fixed by the G.Os. issued by the State Government from time to time.

(2.) On hearing the learned counsel for parties, it is clear that the grievance of the petitioner is two folds: (i) where permits have been issued to private contractors as a state carriage, there is a overcharging; and (ii) where permits were issued for contract carriage, they are picking and dropping the passengers on the way contrary to the terms of the contract underlining a contract carriage.

(3.) In order to substantiate his plea, learned counsel for the petitioner has referred to the judgment of the Hon'ble Supreme Court in State of A.P. v. B.Noorulla Khan, (2004) 6 SCC 194. The submission, in fact, is that the law in this behalf has been settled much earlier and it is, in fact, a reiteration of the same principles. We extract below the relevant observations:-