SUDHIR CHANDRA NEOGY Vs. CALCUTTA TRAMWAYS CO. LTD.

JUDGEMENT

(1.) THE petitioner in this case is Dr. Sudhir Chandra Neogi, Reader at the University College of Science and Technology, Department of Applied Chemistry. He says that ior the purpose of attending to his duties as a Reader, he has to travel daily by tram car, provided for by the respondent No. 1, the Calcutta Tramways Company Limited. The exact nature of his grievance in this petition is not very clear. Indeed, if we look at the prayers in the petition we find that what is prayed for is a Writ in the nature of Mandamus to be issued on the respondents, prohibiting them from charging and realising fares of 3 naye paise, 5 naye paise, 7 naye paise etc. and also prohibiting them from charging in excess of the legal fares on the basis of the new coins (under the decimal coinage system) 'inasmuch as they are not legal tenders in terms of, Sections 14(1), (2) and (3) of the Indian Coinage (Amendment) Act 1955, and the relevant notification of the Ministry of Finance, Government of India, and Appendix III and IV of the Conversion Tables issued by the Ministry of Finance'. The other relief that is asked for is for the issue of a Writ or order or direction in the nature of Prohibition prohibiting the respondents from realising in excess of the legal fares in terms of 3 naye paise, 5 naye paise, 7 naye paise etc. inasmuch as the increase is in contravention of the said Statute read with the said Notification.

(2.) THE facts in this case are as follows:

(3.) UNDER the Calcutta Tramways Act, 1880 a provision was made for the grantees to fix the rate of fares for carrying passengers and goods, and the relevant Section is Section 9 which runs as follows;