All Omni Bus Owners And v. Dr.Niranjan Mardi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2017

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.1775 of 2017 All Omni Bus Owners and Operators Association, rep. by its Secretary, Mr.A.Anbazhagan, No.F-4, Sriji Majestic Complex, Omni Bus Stand, Koyambedu, Chennai-600 107.

... Petitioner Vs 1.Dr.Niranjan Mardi, Secretary (Home), Transport Department, State Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2.Mr.Dayanand Kataria, Transport Commissioner-cum- The State Transport Authority, Chepauk, Chennai-600 005.

... Respondents PETITION filed under Section 11 of Contempt of Courts Act praying to punish the respondents for committing the offence of contempt for not obeying and complying with the directions of this Court in W.M.P.No.33801 of 2016 in W.P.No.39517 of 2016 dated 11.11.2016.

For Petitioner :

Mr.S.Govindraman For Respondents :

Mr.STS.Moorthy, Additional Advocate General ******

O R D E R

Heard Mr.S.Govindraman, learned counsel for the petitioner and Mr.STS.Moorthy, learned Additional Advocate General for the respondents.

2.Learned Additional Advocate General submitted that the interim direction issued by this Court in a batch of cases has been complied with and the Assistant Secretary-I, has issued a circular dated 30.11.2017, to all the Zonal Officers in Tamil Nadu, all Regional Transport Officers in Tamil Nadu and all Check post officials on the following lines:

"Hence, in view of the above, the instructions issued by this office in the reference 1st cited supersede as follows:

If the tax tendered voluntarily by the other state Omni bus operators for 7 days, 30 days and 90 days to use their omni buses in Tamil Nadu, covered by permit u/s 88(8) or 88(9) of Motor Vehicles Act, shall be accepted

by the Check post officials without any compliant or omission.

3) The Zonal Officers and the concerned Regional Transport officers are hereby requested to instruct their check post officials that, before collecting such tax they have to verify the genuineness of the tour program along with temporary permit of the vehicles and to ensure that there is no leakage of revenue.

4) The Zonal Officers are requested to send their acknowledgement to this office."

3.The above statement is placed on record and the Transport Commissioner is directed to ensure that all the Zonal Officers and Regional Transport Officers strictly adhere to the circular issued by him till the writ petitions are heard and disposed of. Accordingly, this contempt petitions stands disposed of. 08.12.2017 abr Index : Yes/No

T.S.SIVAGNANAM,J abr To 1.Dr.Niranjan Mardi, Secretary (Home), Transport Department, State Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2.Mr.Dayanand Kataria, Transport Commissioner-cum- The State Transport Authority, Chepauk, Chennai-600 005.

Contempt Petition No.1775 of 2017 08.12.2017