B.K.R.College Of Education v. The Govt. Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY B.K.R.College of Education, Represented by its Correspondent, D.R.Balakrishna Raja .. Petitioner (in W.P.No.35357 of 2006) B.K.R. Teacher Training Institute, Represented by its Correspondent, D.R.Balakrishna Raja .. Petitioner (in W.P.No.35358 of 2006)

Versus

1. The Government of Tamil Nadu Represented by its Secretary to Government, Home Department (Transport), Fort St. George, Chennai - 600 009.

2. The Government of Tamil Nadu, Represented by its Secretary to The Government, Law Department, Fort St. George, Chennai - 600 009.

1/5

3. The Regional Transport Officer, Thiruvallur District.

.. Respondents (in both the cases) Prayer in both the cases : Writ Petitions filed under Article 226 of the Constitution of India seeking a Writ of Declaration declaring the Tamil Nadu Motor Vehicle Taxation (Amendment) Act, 13 of 2003, enacted by the 2nd respondent as null and void in so far as it substitutes the rate of tax in clause - 8 of the I Schedule to the Principal Act by increasing the Motor Vehicles Tax in respect of the vehicles owned by Educational Institutions from Rs.500/- per quarter to Rs.150/- for every person (other than the driver which the vehicles is permitted to carry) in so far as the petitioners are concerned.

For Petitioners : No Appearance (in both the cases) For Respondents : Mr.A.Anandan, (in both the cases) Government Advocate COMMON ORDER (Order of the Court is made by the Hon'ble Chief Justice) Heard Mr.A.Anandan, learned Government Advocate for the respondents in both the cases.

2. There is no representation on behalf of the petitioners. The learned Government Advocate for the respondents submits that subsequent 2/5

amendments have been made and as such, now, the relief claimed does not survive. The Writ Petitions have become infructuous.

3. In view of that, these Writ Petitions are disposed of as infructuous. There shall be no order as to costs. Consequently, M.P.No.1 of 2006 (2 in number) are closed.

(S.V.G., CJ.) (D.B.C., J.) 18.03.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Secretary to Government, Home Department (Transport), Fort St. George, Chennai - 600 009.

2. The Secretary to the Government, Law Department, Fort St. George, Chennai - 600 009.

3. The Regional Transport Officer, Thiruvallur District.

3/5

4/5

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

grs 18.03.2024 5/5