LAWS(MAD)-2009-4-35

M ANANDHAN Vs. SECRETARY HOME TRANSPORT III DEPARTMENT

Decided On April 06, 2009
M ANANDHAN Appellant
V/S
SECRETARY, HOME TRANSPORT III DEPARTMENT Respondents

JUDGEMENT

(1.) WHILE the first three writ petitions viz. , W. P. Nos. 3477, 3486 and 3790 of 2009 are for the issue of a Writ of Mandamus to forbear the respondents from granting or issuing Auto rickshaw permits in pursuance of the draw conducted on 1. 3. 2009, the fourth writ petition viz. , W. P. No. 3884 of 2009 has been filed for quashing a Government Order on the basis of which, the entire process of selection of persons for the grant of Auto rickshaw permits was undertaken.

(2.) I have heard Mr. S. Govindaraman, learned counsel appearing for the petitioner in two writ petitions and Mr. N. Karunakaran and Mr. AL. Manoharan, petitioners appearing in person in the other two writ petitions and Mr. P. S. Raman, learned Additional Advocate General appearing for the respondents.

(3.) BY successive orders passed in G. O. Ms. Nos. 1492, 166, 841, 1214 and 1431, Home Department, dated 30. 10. 1998, 10. 2. 1999, 14. 6. 1999, 1. 9. 1999 and 29. 10. 1999 respectively, the Government imposed a ban and continued the same, on registration of new three seater Auto rickshaws in the City of Chennai. However, by an order in G. O. Ms. No. 1099, Home (Transport-VI) Department, dated 7. 12. 2005, the Government decided to grant 5,000 fresh permits in the City of Chennai and adjoining areas and directed the Transport Commissioner and Regional Transport Authority, Chennai, to grant 5,000 fresh permits to three seater LPG dedicated Auto rickshaws to the owner-cum-driver applicants in the said area in relaxation of the existing ban.