P.Ramamoorthy v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2021
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR W.P.No.19951 of 2009 and M.P.No.1 of 2009 P.Ramamoorthy
...Petitioner
Vs
1. The State of Tamil Nadu, Rep. By its Secretary, Home (Transport) Department, Fort St.George, Chennai - 9.
2. The Commercial Tax Officer, T.Nagar South, Chennai.
3. The Regional Transport Officer, Chennai West, Chennai.
4. The Motor Vehicle Inspector, Chennai West, Chennai.
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents and their subordinates from demanding or collecting entry tax on the petitioner's used Toyota Alphard Motor Vehicle bearing chassis No.MNH100119133 and Engine No.LMZ2990CC, to be registered and assign new registration mark by the 3rd and 4th respondents.
For Petitioner : Mr.Santharam For Respondents : Ms.Amirta Dinakaran Government Advocate
ORDER
Mr.V.Santharam, learned counsel representing the counsel on record for the writ petitioner and Ms.Amirta Dinakaran representing the Revenue on behalf of all the respondents are before this virtual court.
2.Learned counsel submits that one of the counsel on record Mr.V.S.Srikrishnan, who was handling the captioned writ petition is no more. Learned counsel also submits that the other counsel on record have no instructions. Learned counsel submits that no instruction memo has been filed and a scanned reproduction of the same is as follows:
3.The contents of the memo are reiterated in the hearing today.
4.The writ petition is of the year 2009 and it has been filed on 29.09.2009 to be precise. This means that the writ petition is more than a decade old.
5.Be that as it may, learned Revenue counsel pointed out that nothing really survives in the captioned matter as the issue pertaining to entry tax and imported cars has been decided by a Hon'ble Division Bench in V.Krishnamurthy Vs. State of Tamil Nadu and Others reported in 2019 SCC Online Mad 8523 and the captioned matter is squarely covered by the same. 6.In the light of the aforementioned narrative, captioned writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To
1. The Secretary, State of Tamil Nadu Home (Transport) Department, Fort St.George, Chennai - 9.
2. The Commercial Tax Officer, T.Nagar South, Chennai.
3. The Regional Transport Officer, Chennai West, Chennai.
4. The Motor Vehicle Inspector, Chennai West, Chennai.
+1cc to the Government Pleader, S.R.No.50254 W.P.No.19951 of 2009 VSN-II[co] NSK 08/10/2021 NSK 20/10/2021