Writ Petition No. 239 of 2016. Case: Subhan Tours & Travel Services Vs Union of India. High Court of Madras (India)
| Case Number | Writ Petition No. 239 of 2016 |
| Judges | Abhay Manohar Sapre and Ashok Bhushan, JJ. |
| Issue | Constitution of India - Article 32 |
| Judgement Date | May 18, 2016 |
| Court | High Court of Madras (India) |
Judgment:
Abhay Manohar Sapre, J.
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This decision shall dispose of all the writ petitions because as stated by the learned counsel appearing for the parties, all these writ petitions essentially involve common issues.
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These writ petitions are filed by the writ petitioners under Article 32 of the Constitution of India for claiming following reliefs.
"(a) Issue a Writ, order or direction in the nature of Mandamus commanding and directing the respondents to accept application for registration and issue Registration Certificate as PTO under Category II for conducting Haj Tour, 2016;
(b) Issue a Writ, order or direction in the nature of Mandamus commanding and directing the respondents to consider the right of first registration to the Petitioner for conducting Haj Tour, 2016-2017;
(c) Pass such other and further orders as this Hon''ble Court may think fit in the interest of justice and equity."
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The writ petitioners are private tour operators (PTOs) who are sending pilgrims for Hajj. According to them, they are duly registered and qualified tour operators who have so far undertaken several tours for Hajj successfully in the past and there is nothing against any of them, which may debar them from undertaking the similar tour this year also which is essentially a tour for the benefit of pilgrims going for Hajj.
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It appears from the reading of the writ petitions that these writ petitioners have a grievance based on some kind of apprehension that their applications, if made or those which are pending with the authorities for grant of permission to undertake Hajj Yatra for the current year 2016, are likely to be rejected or would be rejected thereby making their apprehension a reality and grievance infructuous. It is essentially with this kind of apprehension asserted in the writ petitions, these writ petitions are filed for grant of aforementioned reliefs.
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Shri Neeraj Kishan Kaul, learned Additional Solicitor General appearing for the respondent-Union of India at the very outset fairly made a statement that so far no decision has been taken on any of the applications made by these PTOs (writ petitioners) by the authorities. Learned counsel also stated that let each writ petitioner make a fresh application for grant of permission with necessary details and documents as prescribed latest by 27.05.2016 to the concerned authorities and each such application once made would be examined, considered and decided in accordance with law on its...
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