THE HIGH COURT OF JUDICATURE AT MADRAS Orders Reserved on : 01.07.2020 Orders Pronounced on : 13.07.2020 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.8545 of 2020 Tamil Nadu Independent Rental Vehicle Owners and Drivers Association, Represented by its Secretary-Jude Mathew Reg.No.176 of 2018, No.19, Bharadhidhasan Street, Kavangarai, Puzhal, Chennai-600 066. .. Petitioner Vs.Transport Permit Vehicle. For petitioner : Ms.Kanimozhi Mathi For respondents: Mr.G.Karthikeyan, Asst. Solicitor General for RR-1 to 3 Mr.V.Jayaprakash Narayanan, State Govt. Pleader for RR-4 to 6 ORDER read full order
Orders Reserved on : 01.07.2020
Orders Pronounced on : 13.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.No.8545 of 2020
Tamil Nadu Independent Rental Vehicle Owners
and Drivers Association,
Represented by its Secretary-Jude Mathew
Reg.No.176 of 2018,
No.19, Bharadhidhasan Street,
Kavangarai, Puzhal, Chennai-600 066. .. Petitioner
Vs.
Union of India,
Represented by its Secretary,
7, Lok Kalyan Marg,
New Delhi.
Ministry of Finance,
Rep. by its Secretary,
Rajpath Marg,
Central Secretariat,
New Delhi-110 011.
Ministry of Transport,
Rep. by its Secretary,
Parivahan Bhavan,
1, Parliament Street,
New Delhi.
The Chief Secretary,
State of Tamil Nadu,
Fort St.George, Secretariat,
Chennai-600 009.
Ministry of Transport,
Rep. by its Secretary,
Fort St.George,
Secretariat, Chennai-600 009.
The Transport Commissioner,
Ezhilagam, Chennai-600 005. . Respondents
Writ Petition (Public Interest Litigation) filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents:
(a) to provide financial assistance of Rs.15,000/- for the transport workers on the basis of commercial badge license as Identity Proof.
(b) Total discount of state road tax for lock down period of March, April, May.
(c) Extension period of 6 months to renew Fitness Certificate and transport badge licence.
(d) Extension of vehicle insurance for another six months.
(e) Exempting from payment of Toll, Inter-State road tax/permit for one year.
(f) provide petrol and diesel for subsidised rate by discounting Central and State taxes and other surcharges.
(g) Financial assistance, i.e. interest free loan from Rs.50,000 to Rs.2 lakhs under Prathan Manthri Muthra Scheme or any other suitable scheme for Transport Permit Vehicle.
For petitioner : Ms.Kanimozhi Mathi For respondents: Mr.G.Karthikeyan, Asst. Solicitor General for RR-1 to 3 Mr.V.Jayaprakash Narayanan, State Govt. Pleader for RR-4 to 6ORDER
R.SUBBIAH, J
The petitioner-Association has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents: (a) to provide financial assistance of Rs.15,000/- for the transport workers on the basis of commercial badge license as Identity Proof. (b) Total discount of state road tax for lock down period of March, April, May. (c) Extension period of 6 months to renew Fitness Certificate and transport badge licence. (d) Extension of vehicle insurance for another six months. (e) Exempting from payment of Toll, Inter-State road tax/permit for one year. (f) provide petrol and diesel for subsidised rate by discounting Central and State taxes and other surcharges. (g) Financial assistance, i.e. interest free loan from Rs.50,000 to Rs.2 lakhs under Prathan Manthri Muthra Scheme or any other suitable scheme for Transport Permit Vehicle. 2. It is the case of the petitioner-Association that due to Covid-19 (Corona virus), the taxi and rental vehicle operation had totally stopped. The taxi operators are basically driver-cum-owner of their vehicles and self-employed. In the normal situation, taxi owners-cum-drivers support the Government by paying periodical road taxes and necessary permit fees. In the extraordinary situation, the taxi drivers and hire vehicle owners must be provided with financial assistance. While so, in the Prathan Manthri Scheme, the loan was provided only to start new businesses, i.e. to purchase taxi or auto, but not to revive the old businesses. In this extraordinary situation, the taxi drivers and hire vehicle owners need financial assistance to repair and service their vehicle to start their business and therefore, either new scheme to be formulated or the existing scheme to be altered to help the taxi drivers and hire vehicle owners. 3. Heard both sides and perused the materials available on record. 4. We find that the affidavit filed in support of the Writ Petition is bereft of particulars and the affidavit is couched with vague and bald statements . It is seen that the petitioner-Association is seeking for monetary assistance from the State/Central Governments. 5. In similar prayers filed in W.P.Nos.7652 and 7653 of 2020, by order dated 15.05.2020 and in W.P.No.7646 of 2020, by order dated 15.05.2020, a coordinate Bench of this Court had dismissed those Writ Petitions. In W.P.No.7646 of 2020, it was observed by the coordinate Bench that provision of financial aid, in the considered opinion of this Court, falls within the domain of policy decision of the Government and this Court cannot issue any positive direction by directing the official respondents to pay the necessary amount to each of the aggrieved persons and that it also requires enumeration. The above said two judgments of this Court are squarely applicable to the case of the petitioner on hand. Hence, taking into account the said judgments and the dictum laid down in the same, the present Writ Petition is dismissed, but without costs. As observed by the coordinate Bench, it is for the official respondents to take a decision on the prevailing facts and circumstances, as expeditiously as possible.(R.P.S.J) (K.R.J)
13.07.2020
Index: Yes/no
Speaking Order: Yes
cs
To
Union of India,
Represented by its Secretary,
7, Lok Kalyan Marg,
New Delhi.
Ministry of Finance,
Rep. by its Secretary,
Rajpath Marg,
Central Secretariat,
New Delhi-110 011.
Ministry of Transport,
Rep. by its Secretary,
Parivahan Bhavan,
1, Parliament Street,
New Delhi.
The Chief Secretary,
State of Tamil Nadu,
Fort St.George, Secretariat,
Chennai-600 009.
Ministry of Transport,
Rep. by its Secretary,
Fort St.George,
Secretariat, Chennai-600 009.
The Transport Commissioner,
Ezhilagam, Chennai-600 005.
R.SUBBIAH, J
and
KRISHNAN RAMASAMY, J
cs
Pre-delivery Order in
W.P.No.8545 of 2020
