S.Subramanyam v. The District Collector

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.RAVI KUMAR WRIT PETITION No.7930 of 2004 Dt:02.11.2015 Between:

S.Subramanyam and others.

... Petitioners And The District Collector and others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.RAVI KUMAR WRIT PETITION No.7930 of 2004 ORDER: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the petitioners and learned Government Pleader for Panchayat Raj and Rural Development for the respondents.

The petitioners, in the instant writ petition, make the following prayer:

"For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ, order or directions more particularly one in the nature of writ of mandamus, declaring the action of the respondents-Gram Panchayat in levying the daily tax/fee of Rs.10/- per day on the buses of the petitioners as illegal and without jurisdiction and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case be passed." On 29.04.2004, the following order was passed: "There shall be interim direction to respondents not to collect more than Rs.10/- as daily tax on the petitioners' vehicles, subject to result in the writ petition."

Learned counsel for the petitioners is not in a position to state whether the respondents are collecting any tax as stated in the interim order.

Be that as it may, we are satisfied that this writ petition need

not be kept pending any further and we are inclined to dispose it of by the following order:

"If the respondents propose to collect more tax than the tax stipulated by way of interim order, dated 29.04.2004, they may do so by following due process of law and after following the principles of natural justice".

With these observations, the writ petition is disposed of. Consequently, miscellaneous petitions, if any, also stand disposed of. There shall be no order as to costs. _________________________ DILIP B. BHOSALE, ACJ ________________________ S.RAVI KUMAR, J Dt:02.11.2015 kdl