C.Kantharaj v. The Motor Vehicles Inspector(Nt),
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.16635 & 16640 of 2022 C.Kanthraj
...Petitioner in W.P.No.16635 of 2022
S.Shafiulla Khan
...Petitioner in W.P.No.16640 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
COMMON 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 Ninth Schedule of the Tamil Nadu Motor Vehicles Taxation Act, 1974, in respect of the petitioners' vehicle bearing Registration Nos.KA51 B 4919 & KA51 D 6423 forthwith. For Petitioners: Mr.S.Sarath Kumar 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
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 B 4919 & KA51 D 6423 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-VIII) //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 the Government Pleader, S.R.No.42297 W.P.Nos.16635 & 16640 of 2022 PMK(CO) RGA(20/07/2022)