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Madras High CourtWP/28347/2010dismissed as infructuous

M/S.K.P.N.Travels India Ltd., v. The Transport Commissioner,

2021-12-02Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P. Nos. 28347 to 28349 of 2010 and W.P.Nos.28427 to 28429 of 2010 and M.P.Nos.1 to 3 in W.P.Nos.28347 to 28349 and 28427 to 28429 of 2010 M/s.K.P.N.Travels (India) Limited Represented by its Managing Director, K.P.Natarajan 23-B, Rajaji Street, Swarnapuri, Salem - 636 004.

...

Petitioner in WP Nos.28347 to 28349/2010 and 28428/2010 K.P.Natarajan ...

Petitioner in WP Nos.28427 & 28429/2010 -vs1.The Transport Commissioner, Chepauk, Chennai - 600 005.

2.The Regional Transport Officer, Salem(West), Salem.

...Respondent 1&2 in All WP's

3.The Regional Transport Officer, Chennai Central, Chennai-23.

...1st Respondent in WP 28429/2010 Prayer in WP.No.28347 of 2010 : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records connected with the memo of the first respondent in Na.Ka.No.A3/57726/2010 dated 02.11.2010 directing the second respondent to collect the tax for the vehicle TN 30 AJ 2396 on the basis of the floor area for the period from 01.10.2009 to 30.09.2010 quash the same and direct the respondents to issue the tax clearance certificate in respect of the bus forthwith.

Prayer in WP.No.28348 of 2010 : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records connected with the Memo of the First Respondent in Na.Ka. No.A3/57729/2010 dt.2.11.2010 directing the Second Respondent to collect the tax for the vehicle TN 30 AJ 2467 on the basis of the floor area for the period from 1.10.2009 to 30.9.2010 quash the same and direct the respondents to issue the Tax Clearance Certificate in respect of the bus forthwith. Prayer in WP.No.28349 of 2010: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records connected with the Memo of the First Respondent in Na.Ka.No. A3/57727/2010 dated 2.11.

2010 directing the Second Respondent to collect the tax for the vehicle TN 30 AJ 2397 on the basis of the floor area for the period from 1.10.2009 to 30.9.2010 quash the same and direct the respondents to issue the Tax Clearance Certificate in respect of the bus forthwith. Prayer in WP.No.28427 of 2010: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records connected with the memo of the First Respondent in Na.Ka.No. A5/51517/10 dated 26.11.2010 directing the second respondent to measure the floor area of the vehicle TN 09 AK 9199 so as to collect the tax on the basis of the floor area for the period from 1.10.2009 to 30.9.2010 quash the same and direct the respondents to issue the Tax Clearance Certificate in respect of the bus forthwith.

Prayer in WP.No.28428 of 2010: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records connected with the memo of the First Respondent in Na.Ka.No. A1/47078/10 dated 2.12.2010 directing the second respondent to measure the floor area of the bus so as to collect the tax for the vehicle TN 30 K 1999 on the basis of the floor area for the period from 1.10.2009 to 30.9.2010 quash the same and direct the respondents to issue the Tax Clearance Certificate in respect of the bus forthwith.

Prayer in WP.No.28429 of 2010: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records connected with the memo of the First Respondent in Na.Ka.No. U4/56076/2010 dated 09.12.2010 directing the second respondent to have the floor area of the bus TN 01 AA 1999 measured and proposing to collect the tax on the basis of the floor area of the bus for the period from 1.10.2009 to 30.9.2010 quash the same and direct the respondents to issue the Tax Clearance Certificate in respect of the bus forthwith.

For Petitioners in all W.P.s :

Ms.R.Srinivasalu for Mr.R.Natesan For Respondents in all W.P.s :

Mrs.V.Yamunadevi Spl. Govt. Pleader C O M M O N O R D E R The learned counsel for the petitioner would submit that the prayer sought for in these writ petitions have become infructuous. Hence, he wants dismissal of these writ petitions by recording his submission.

2. Recording the said submission, all these writ petitions are dismissed as infructuous. No costs. Consequently connected miscellaneous petition are dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kst/rap To 1.The Transport Commissioner, Chepauk, Chennai - 600 005.

2.The Regional Transport Officer, Salem(West), Salem.

3.The Regional Transport Officer, Chennai Central, Chennai-23.

+1cc to Government Pleader SR. No.63472 W.P. No. 28347 of 2010 KSM (CO) PR (10/01/2022)