K.Nagaraj v. The Motor Vehicles Inspector(Nt)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.06.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.16026 of 2022 K.Nagaraj ... Petitioner 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 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 petitioner in advance for 7 days or 30 days or 90 days use in Tamil Nadu in accordance with Ninth Schedule of the Tamil Nadu Motor Vehicles Taxation Act, 1974, in respect of the petitioner vehicle bearing Registration Nos.KA51 AG 7988 forthwith.

For Petitioners : Mr.A.Ganesan For Respondents : Mr.V.Veluchamy Additional Government Pleader

ORDER

Mr.V.Veluchamy, learned Additional Government Pleader appearing for the respondents would fairly agree that the issue in this writ petition 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 22.04.2022, WP.No.5030 of 2022 dated 04.03.2022, W.P.Nos.14362 & 14364 of 2022 dated 13.06.2022 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 petitioner before me, mandamus is issued to the respondents to collect tax from the petitioner in advance for 7/30/90 days for use in Tamil Nadu in accordance with the Ninth Schedule of the Act in respect of his vehicle bearing Registration No.KA51 AG 7988 forthwith. 3.The only point raised in counter is that the petitioner has 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.This writ petition is allowed in the aforesaid terms. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar sl 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.42010 W.P.No.16026 of 2022 BR(CO) GMY(25/07/2022)