Motor Vehicles Act, 1988 – Sections 99 and 100; Madras High Court Writ Rules (2021) Rule 17(1)(v) – This judgment addresses a batch of writ petitions challenging Government Order G.O.Ms.No.198, dated 28.04.2025, which approved the “New Comprehensive Scheme, 2024” for mini bus permits to private operators under the Motor Vehicles Act, 1988.
The petitioners, mainly bus operators’ associations, argued that the scheme violates Section 99 of the Act, which they claim is meant for State Transport Undertakings (STUs), and that it contravenes the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992, which restricts new permits on notified routes. Other issues raised include alleged procedural irregularities, lack of authority, and the validity of validating actions under a previously withdrawn scheme.
The court examined several issues, including whether the 1st respondent was empowered under the Business Rules to exercise the power under Section 99 of the Act regarding formulation of opinion and publication of the proposal for the grant of mini bus permit in favour of the private sector.