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Madras High CourtWP/10724/2021disposed of

S.Prakash Prabhu, v. The Motor Vehicles Inspector

2021-04-29Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2021

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.Nos.10724 to 10728, 10730, 10731 and 10733 of 2021 1 S.Prakash Prabhu ... Petitioner in W.P.No.10724 of 2021 Vaigai Travels Prop.Deven, Puducherry. ... Petitioner in WP No.10725 of 2021 1 Sethumeena Travels Prop. Prakash Prabhu, Puducheerry.

... Petitioner in WP No.10726 of 2021 1 G.Thirumoorthy ... Petitioner in WP No.10727 of 2021 1 R.Srinivasan ... Petitioner in WP No.10728 of 2021 1 G.Senthilkumar ... Petitioner in WP No.10730 of 2021 1 G.Senthilkumar ... Petitioner in WP No.10731 of 2021 1 P.R.Shelve ... Petitioner in WP No.10733 of 2021 Vs.

1. The Motor Vehicles Inspector,

2. The Regional Transport Officer, ... Respondents 1 & 2 in WP.Nos.10724 & 10726 of 2021

3. The Transport Commissioner, Chepauk, Chennai - 5.

.... 3rd Respondent in All WPs

1 The Motor Vehicles Inspector Non Technical, Check Post Vanur Villupuram District.

2 The Regional Transport Officer Villupuam.

... Respondents 1 & 2 in WP No.10725 of 2021 1 The Motor Vehicles Inspector Non Technical Check Post Katpadi Vellore District.

2 The Regional Transport Officer Vellore.

... Respondents 1 & 2 in WP No.10727, 10728 & 10730 of 2021 1 The Motor Vehicles Inspector Non Technical, Check Post Hosur, Krishnagiri District.

2 The Regional Transport Officer Hosur.

... Respondents 1 & 2 in WP No.10731 of 2021 1 The Motor Vehicles Inspector Non Technical Check Post Begalur Hosur.

2 The Regional Transport Officer Hosur.

... Respondents 1 & 2 in WP No.10733 of 2021 Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the 2nd respondent herein to consider and pass orders on the petitioner's applications dated 28.12.2020 & 25.11.2020 for the grant of refund or adjustment of motor vehicles tax in respect of petitioner's vehicles for the covid 19 lockdown period, forthwith respectively.

For Petitioner in the above W.Ps : Mr.K.Hariharan For Respondents : Mr.R.P.Prathap Singh Government Advocate C O M M O N O R D E R Mr.R.P.Prathap Singh, learned Government Advocate accepts notice for the respondents and is armed with instructions to proceed finally in the matter even at the stage of admission and hence, by consent of both sides as well as taking note of the fact that the issue raised falls within a short compass, these Writ Petitions are taken up for final disposal.

2. The prayer is for a mandamus directing the second respondent/Regional Transport Officer to consider and pass orders on the applications of the petitioners dated 28.12.2020 and 25.11.2020 seeking refund or adjustment of the motor vehicles tax in the future liability in respect of the petitioners' vehicles for the period when the State was under lockdown on account of the COVID-19 pandemic.

3. The applications of the petitioners are, admittedly, pending and Mr.Prathap assures the Court that the second respondent will hear the petitioners and pass orders in accordance with law within a period of six (6) weeks from today.

4. The aforesaid submission is recorded. As nothing further survives in these Writ Petitions and the mandamus sought stands achieved, the same are closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sl To 1.

The Motor Vehicles Inspector,

2.

The Regional Transport Officer, 3.

The Transport Commissioner, Chepauk, Chennai - 5.

4.

The Motor Vehicles Inspector, Vanur, Villupuram District.

5.

The Motor Vehicles Inspector, Katpadi, Vellore District.

6.

The Motor Vehicles Inspector, Hosur, Krishnagiri District.

7.

The Motor Vehicles Inspector, Bagalur, Hosur.

8.

The Regional Transport Officer, Villupuram.

9.

The Regional Transport Officer, Vellore.

10.

The Regional Transport Officer, Hosur.

+1cc to the Government Pleader, S.R.No.26784 W.P.Nos.10724 to 10728, 10730, 10731 and 10733 of 2021 RR(CO) CS/11/08/2021