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Madras High CourtWP/14362/2022allowed

S.Savithri v. The Mortor Vehicles Inspector (Nt)

2022-06-13Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13.06.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.14362 & 14364 of 2022 S.Savithri ... Petitioner in W.P.No.14362 of 2022 G.Dinesh Kumar ... Petitioner in W.P.No.14364 of 2022 Vs 1.The Motor Vehicles Inspector (NT), Multipurpose Check Post, Zuzuvwadi, Hosur, Krishnagiri District.

2.The Motor Vehicles Inspector, Bagalur Check Post, Hosur, Krishnagiri District.

... Respondents in both W.P.'s PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to accept the Motor Vehicle tax for Tamil Nadu, voluntarily tendered by the petitioners in advance for 7 days or 30 days or 90 days use in Tamil Nadu in accordance with Nineth Schedule of the Tamil Nadu Motor Vehicles Taxation Act, 1974, in respect of the petitioners vehicle bearing Registration Nos.KA51 A 6810 & KA51 A 7683 forthwith. For Petitioners : Mr.A.Ganesan For Respondents : Mrs.C.Sangamithirai, Special Government Pleader COMMON ORDER Mrs.C.Sangamithirai, learned Special Government Pleader appearing for the respondents would fairly agree that the issue in these writ petitions in relation to the acceptance of remittances of Motor Vehicle Tax in advance for 7/30/90 days in accordance with the Ninth Schedule of the Tamil Nadu Motor Vehicles Taxation Act, 1974 is squarely covered by earlier orders of this Court in WP.Nos.10006 to 10008 of 2022 dated https://hcservices.ecourts.gov.in/hcservices/

22.04.2022, WP.No.5030 of 2022 dated 04.03.2022 and several others.

2.Thus, bearing in mind the ratio of the aforesaid orders, wherein directions have been issued to the respondents along the lines as sought for by the petitioners before me, mandamus is issued to the respondents to collect tax from the petitioners in advance for 7/30/90 days for use in Tamil Nadu in accordance with the Ninth Schedule of the Act in respect of their vehicles bearing Registration Nos.KA51 A 6810 & KA51 A 7683 forthwith. 3.The only point raised in counter is that the petitioners have not come forward with the proposals for remittance of tax as aforesaid, and in fact, had such a request been made, then tax will be collected as sought for, subject to validity and genuiness of the documents. That is well and good. 4.These writ petitions are allowed in the aforesaid terms. No costs.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar kbs To 1.The Motor Vehicles Inspector (NT), Multipurpose Check Post, Zuzuvwadi, Hosur, Krishnagiri District.

2.The Motor Vehicles Inspector, Bagalur Check Post, Hosur, Krishnagiri District.

+1cc to Government Pleader SR.No.34867 W.P.Nos.14362 & 14364 of 2022 PM(CO) GMY(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/