M.J. Lalu v. The State Of Tamilnadu

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 M.J.Lalu : Petitioner Vs 1.The State of Tamil Nadu, rep. By its Secretary Home (Transport) Department, Fort St.George, Chennai 9 2.The Regional Transport Officer Pollachi, Coimbatore District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring Section 4(1-A) (a) of the Tamil Vadu Amendment Act 27 of 1998 as amended by Tamil Nadu Act 13 of 2003 by substituting Schedule III Part I of the Tamil Nadu Motor Vehicles Taxation Act, 1974 as ultra vires and violative of Art. 14 of the Constitution in respect of the petitioner's vehicle with engine No.5JA1590 and Chassis No.MAJAXXMRTA5JA 1590.

For Petitioner :

No appearance For Respondents :

Mr.C.Harsharaj, Additional Government Pleader (T)

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. We have heard Mr.C.Harsharaj, learned Additional Government Pleader for the respondents.

3. The petitioner seeks Declaration declaring Section 4(1-A) (a) of the Tamil Nadu Amendment Act 27 of 1998, as amended by Tamil Nadu Act 13 of 2003, by substituting Schedule III Part I of the Tamil Nadu Motor Vehicles Taxation Act, 1974 as ultra vires the Constitution of India. The petitioner is seeking only a declaratory relief.

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 The learned Additional Government Pleader submits that the said provision is no longer in force.

5. In view the same, the writ petition stands dismissed. There shall be no order as to costs.

(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 Pollachi, Coimbatore District

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

(tar) 28.03.2024