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Madras High CourtWP/22732/2009dismissed

Mr.Kuhni Moideen, v. The State Of Tamil Nadu,

2019-07-09Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.22732 of 2009 and M.P.No.1 of 2009 Mr.Kuhni Moideen

...Petitioner

Vs

1. The State of Tamilnadu Rep. by its Secretary, Home (Transport) Department, Fort St.George, Chennai - 9.

2. The Assistant Commissioner (CT), Saidapet Assessment Circle, Chennai.

3. The Regional Transport Officer, Chennai South West, Chennai.

4. The Motor Vehicle Inspector, Chennai South West, Chennai.

...Respondents

Prayer: Writ 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 imported new Jaguar XF 2.7D V6 Motor car bearing Chassis No.SAJACO61897R27992 and Engine No.03359527G, to be registered and to be assign new registration mark by the 3rd and 4th respondent. For Petitioner : No Appearance For Respondents: Mr.A.Zakir Hussain, GA for R1, R3 and R4 Mr.Mohammed Shaffiq, Spl.Govt.Pleader for R2

ORDER

The proposition of entry tax leviable on vehicles imported from abroad was subject to challenge in various writ petitions and has ultimately been upheld by the Hon'ble Supreme Court of India. Following the proposition, a Division Bench of this Court https://hcservices.ecourts.gov.in/hcservices/

in a batch of writ petitions in W.P.No.32710 of 2005, etc., dated 29.01.2019, had also dismissed the Writ petitions holding that the importers are liable to pay entry tax on the vehicles imported from abroad and brought into the State of Tamil Nadu for use or for sale.

2. In view of the same, the prayer sought for in the present writ petition cannot be considered. Hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(C/L) //True Copy// Sub Assistant Registrar Pkn.

To

1. The Secretary, Home (Transport) Department, Fort St.George, Chennai - 9.

2. The Assistant Commissioner (CT), Saidapet Assessment Circle, Chennai.

3. The Regional Transport Officer, Chennai South West, Chennai.

4. The Motor Vehicle Inspector, Chennai South West, Chennai.

W.P.No.22732 of 2009 PA(CO) RRS(08/08/2019) https://hcservices.ecourts.gov.in/hcservices/