Jeevavelu Matriculation v. The Govt Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Jeevavelu Matriculation Higher Secondary School, (Sarswathi Ammal Educational Trust) rep. By its Principal C.Kalyana Sundaram : Petitioner in WP No.14391/2004 Kamban College of Arts & Science for Women, (Sarswathi Ammal Educational Trust) rep. By its Principal Dr.S.Geetha : Petitioner in WP No.14392/2004 Arunai Engineering College (Sarswathi Ammal Educational Trust) rep. By its Principal Dr.A.Venkatraman : Petitioner in WP No.14393/2004 Kumaran Polytechnic College (Sarswathi Ammal Educational Trust) rep. By its Principal N.Duraisamy : Petitioner in WP No.14394/2004 Kamban Engineering College, (Jeeva Educational Trust) rep. By its Principal Dr.C.Kumar : Petitioner in WP No.14395/2004 versus 1.The Government of Tamil Nadu, rep. By its Secretary, Home (Transport) Department, Fort St.George, Chennai 9

2.The Regional Transport Officer, Motor Vehicle Department, Thiruvanamalai District : Respondents Prayer: Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring the provisions of Section 4 of the Tamil Nadu Motor Vehicles (Amendment) Act, 2003 (Tamil Nadu Act 13 of 2003) as ultra vires, illegal, unconstitutional insofar as it purports to substitute the rate of motor vehicle tax from Rs.500 per quarter per vehicle to Rs.150/- per seat per quarter with reference to all the motor vehicles mentioned in the affidavit used by the petitioner's institution for educational purposes.

For Petitioners :

No appearance For Respondents :

Mr.A.Anandan, Government Advocate COMMON ORDER (Made by the Hon'ble Chief Justice) None appears for the petitioners.

2. We have heard Mr.A.Anandan, learned Government Advocate for the respondents.

3. The petitioners challenge the provisions of Section 4 of the Tamil Nadu Motor Vehicles (Amendment) Act, 2003.

4. The learned State Government Pleader submits that the said provision is no longer in force.

5. In view the same, the writ petitions stand dismissed. There shall be no order as to costs. Consequently, WPMP Nos.17018 to 17022 of 2004 are closed.

(S.V.G., CJ.) (D.B.C., J.) 28.03.2024 Index : Yes/No : Yes/No tar To 1.The Secretary, Home (Transport) Department, Fort St.George, Chennai 9 2.The Regional Transport Officer, Motor Vehicle Department, Thiruvanamalai District

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

(tar) 28.03.2024