1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04-11-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN WP(MD)No.8986 of 2011 And MP(MD)No.1 of 2011 E.T.Srinivasan :Petitioner -Vs- 1.State of Tamil Nadu Represented by its Secretary, Ministry of Transport, Secretariat, Chennai-600 009. 2.The Commissioner, Trichirappalli City Municipal Corporation, Cantonment, Bharathidhasan Salai, Trichirappalli-620 001. 3.Tamil Nadu State Transport Corporation, Represented by its Managing Director, Kumbakonam Division, Corporate Office, Kumbakonam. :Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the third respondent to scrupulously honour his obligation of payment of Entry Fee on a daily basis for the buses of their division which enters the Central Bus Stand, Trichy and further directing the second respondent to ensure, by effective action, for the due compliance of the obligation enjoined on the third respondent. For Petitioner : Ms.U.Nirmalarani For Respondents-1&3 : Mr.K.P.Krishnadoss,Government Advocate. For Respondent-2 : Mr.M.Jagadeesh for Mr.P.Srinivas,Standing Counsel for Corporation. ORDER The petitioner has come up with the above writ petition, seeking a Mandamus, directing the third respondent to make payment of the entry fee as per the obligation imposed by the Corporation. 2.Heard Ms.U.Nirmalarani, learned counsel for the petitioner, Mr.K.P Krishnadoss, learned Government Advocate for the respondents 1 and 3 and Mr.M.Jagadeesh, learned counsel representing Mr.P.Srinivas, learned Standing Counsel for the second respondent-Corporation. 3.The petitioner was awarded the contract of collecting entry fee from passenger buses that enter into the Central Bus Stand at Tiruchirappalli The contract was awarded by the Trichy Corporation, for a period of 3 years from 1.4.2011 to 31.3.2013, at an auction held for the purpose. 4.Almost all the 10 divisions of the Tamil Nadu State Transport Corporation, have buses plying en route Trichy and their buses enter into the Central Bus Stand Trichy. But it appears that the Kumbakonam Division, which is the third respondent herein, has been irregular in payment of the entry fee to the petitioner. When the amount of default crossed more than Rs.20 lakhs, the petitioner came up with the above writ petition. 5.On the last occasion when the writ petition came up, the learned Government Advocate submitted that the payments due upto 31st August, 2011 has already been paid. The learned Government Advocate also submitted that the third respondent will henceforth make payment regularly on monthly basis 6.However, the learned counsel for the petitioner submitted that the petitioner is unable to agree for monthly payments. This is due to the poor financial condition and also due to the past experience. https://hcservices.ecourts.gov.in/hcservices/ 2 7.But the learned Government Advocate produced a copy of the letter dated 5.4.2010 sent by the petitioner in support of his contention that the petitioner himself had agreed to take monthly payments. However, the learned counsel for the petitioner submitted that after a series of defaults, the petitioner withdrew the concession granted to the third respondent and that the petitioner wants only daily payments, as all other operators as well as all other divisions of the same Transport Corporation are doing. 8.It is no doubt true that at one point of time, the petitioner had agreed to take monthly payments. But the said Agreement was at the time of commencement of the contract for the petitioner. To be precise, the contract commenced from 1.4.2010. The letter agreeing to take monthly payment was given on 5.4.2010. But after the petitioner had a bad experience, he had withdrawn this concession and he cannot be found fault. As a matter of fact, the letter agreeing to take monthly payment, is only a concession granted by the petitioner. Therefore, the withdrawal of the concession cannot be found fault with. 9.It appears that in a month, about 5,000 buses of the third respondent enter the Bus Stand. The entry fee payable by a vehicle is only Rs.15/-. If the same is paid by every vehicle every day, there may not be a heavy financial burden on the third respondent. But once the money is accumulated, it assumes huge proportions viz., to the extent of more than Rs.7 lakhs per month. Therefore, the payment on a daily basis is also beneficial to the third respondent-Corporation. 10.In view of the above, the writ petition is allowed, directing the respondents to pay the arrears of the entry fee for the month of September and October 2011, within a period of four weeks from the date of receipt of a copy of this order. The third respondent shall henceforth pay the entry fee hereafter on daily basis with effect from 1.12.2011. The payment for the month of November 2011 shall be made on or before 15.12.2011. 11.The writ petition is allowed on the above terms. No costs Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Secretary, State of Tamil Nadu, Ministry of Transport, Secretariat, Chennai-600 009. 2.The Commissioner, Trichirappalli City Municipal Corporation, Cantonment, Bharathidhasan Salai, Trichirappalli-620 001. 3.The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Division, Corporate Office, Kumbakonam. +1CC to Mr.V.Nirmalarani, Advocate. SR.No.38254. +1CC to Mr.P.Srinivas, Advocate. SR.No.38399. Svn W.P.(MD)No.8986 of 2011 RP/10.11.2011/2P/6C. 04-11-2011 https://hcservices.ecourts.gov.in/hcservices/