Chennai City Auto Ottunargal Sangam vs The Chief Secretary State Government, The Secretary Home (Transport III) Department and The State Transport Authority

K.K. Sasidharan, J.—These writ petitions are at the instance of Chennai City Auto Attunargal Sangam, Vada Chennai Mavatta Auto

Ottunargal Padugappu Sangam and Madras Metro Auto Drivers Association and the challenge is to the Government Order in G.O. Ms. No. 611

dated 25.08.2013, whereby and where under the Government directed the Contract Carriage Autorickshaws which are fitted with electronic

digital metre, should be re-calibrated according to the revised fare structure within 45 days from the date of publication of the notification. The

Government issued a further notification as an appendix to the order in G.O. Ms. No. 611 dated 25.08.2013 fixing minimum charges for the first

1.8 kms, additional charges per km, the detention charges and night service charges.

Background:

The Government order is challenged primarily on the ground that there are only 39 re-calibrating outlets in the city and those outlets would not be

sufficient to re-calibrate 60000 auto rickshaws plying in the city of Chennai. The petitioners therefore wanted the Government to extend the time

limit for re-calibration in accordance with the revised tax structure.

When these writ petitions came up for hearing on 21 October 2013, the learned Additional Government Pleader on instructions from the Joint

Transport Commissioner, who was present in Court, submitted that the Government have already extended the cut-off date upto 15 November

2013 and as such there is no need to pass any interlocutory order extending the cut off period. Accordingly, I have adjourned the matter with a

direction to post it today for final disposal.

Submissions:

The learned Senior Counsel for the petitioners contended that the petitioners are not against the Government Order in G.O. Ms. No. 611 dated

25 August 2013. They have filed these writ petitions only on the ground that the limited time given to calibrate the autorickshaws in accordance

with the revised fair announced by the Government would not be sufficient. The learned Senior Counsel, wanted this Court to issue a direction to

the respondents to entertain the request for issuance of token by the transport department, after re-calibration, even after the extended period,

indicated in the Government Order.

The learned Additional Government Pleader submitted that the period was extended time and again taking into account the request made by the

autorickshaw owners and drivers. According to the learned Additional Government Pleader, majority of the autorickshaws have already re-

calibrated the metres taking into account the revised fair. The others are deliberately keeping the autorickshaws without re-calibrating the metres

and as such no indulgence should be shown by this Court.

Discussion:

The Government issued an order in G.O. Ms. No. 48 dated 10 January 2007 revising the fair for contract carriage autorickshaws. The Trade

Unions and consumer organisations appear to have represented the Government to revise the fair in view of the increasing fuel prices and cost of

maintenance. This made the Government to take up the issue and after discussion at various levels, the revised fair for contract carriage

autorickshaws plying in Chennai metro area was fixed. Before fixing the revised fair, the Government discussed the issue in detail with the owners

of contract carriage autorickshaws, the workers union, consumer groups and all other interested parties. In fact it was only on account of the

direction given by the Honourable Supreme Court, the Government have taken immediate measures to issue direction for fitting electronic digital

metre after due calibration.

The Government has given sufficient time to the contract carriage autorickshaws to fit the electronic digital metre and to re-calibrate the same in

accordance with the revised fair structure. The Government initially granted 45 days from the date of publication of the notification in the

Government gazette. Thereafter taking into account the request made by the owners and drivers of contract carriage autorickshaws, time was

extended. While extending the time upto 15 November 2013, the Government made it very clear that no further extension would be granted. In

fact, the petitioners were also agreeable for fixing the cut off date upto 15 November 2013 and it was only on the said understanding I have

adjourned the writ petitions on 21 October 2013.

The Government in consideration of the request made by the owners and drivers of the contract carriage autorickshaws extended the time on

multiple occasions. There is no point in extending the dead line indefinitely. Some of the owners/drivers of contract carriage autorickshaws appear

to be interested only in dragging the matter. In fact, the newspapers have reported that even after fitting the metre and re-calibrating it in

accordance with the revised fair, still there are complaints that the metre charges are not collected and unless extra amount is paid, the drivers are

not ready to ply the vehicle.

The Government have prescribed the cut off date taking into account the ground realities. In fact, the transport department appears to have

monitored the re-calibration process and they have extended all possible help to complete the process before the cut off date. When it was made

out that it is not possible to complete the process within the cut off date, the Government immediately extended the time till 15 November 2013.

The owners of contract carriage autorickshaws who failed to comply with the direction even within the extended period are not entitled for any

kind of indulgence. The court would not be justified in extending the time limit.

The Government fixed the time limit with a particular purpose. The constitutional court exercising the power of judicial review would not be

justified in interfering with the cut off date prescribed by the Government. In fact such extension would not be in public interest. Therefore I do not

find any merit in the contention taken by the petitioners with respect to the legality and correctness of Government Order in G.O. Ms. No. 611

dated 25 August 2013 and more particularly, the cut off period.

The next question relates to the issue regarding permission to be given for submission of application for calibration and sealing the metre after

the cut off period. The individual grievance of a particular contract carriage autorickshaw owner cannot be the subject matter in a writ petition filed

by the sangam. It is open to the owners of respective contract carriage autorickshaws to approach the authority in case of genuine difficulties to

redress their grievances. It is for the authority to take note of the individual grievance and pass appropriate orders on merits. This Court would not

be justified in issuing a general direction to entertain application for calibration or sealing the metres after the cut off period, as it would amount to

extending the time limit. In the upshot I dismiss the writ petitions. No costs. Consequently, the connected writ petitions are closed.