Maneesh Sasidharan v. The Government Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2023 CORAM :
THE HONOURABLE MR.JUSTICE C.SARAVANAN Maneesh Sasidharan ... Petitioner Vs.
1.The Government of Puducherry, Represented by its Secretary, 100 Feet Road, Olandaikeerapalayam, Mudaliarpet, Puducherry - 605 004.
2.Transport Department, 100 Feet Road, Olandaikeerapalayam, Mudaliarpet, Puducherry - 605 004.
3.The Regional Transport Officer, Regional Transport Office, 100 Feet Road, Bharathidasan Nagar, Mudaliarpet, Puducherry - 605 004.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the third respondent to consider the representation dated 22.02.2023 made by the petitioner, seeking exemption from payment of Motor Vehicle Tax from 01.04.2020 to 31.03.2023 within a stipulated time frame fixed by this Court. Page No. 1 of 5
For Petitioner : Mr.G.Hariharan For Respondents : Mr.V.Vasantha Kumar Additional Government Pleader
ORDER
Mr.V.Vasantha Kumar, learned Additional Government Pleader takes notice on behalf of the respondents.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
3. The writ petition has been filed for the following relief:- "to direct the third respondent to consider the petitioner's representation dated 22.02.2023, seeking exemption from payment of Motor Vehicle Tax from 01.04.2020 to 31.03.2023."
4. The learned counsel for the petitioner has relied on the decision of this Court in Gopu Transport Vs. Regional Transport Officer, 1994 Writ LR 263.
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5. The petitioner claims that he was unable to operate the vehicle purchased by him on account of lock down imposed by the Government and thus, the permits, Fitness Certificates were also expired with effect from 1st of April 2020 and therefore, the petitioner was unable to run the vehicle even after the lock down was removed.
6. Under these circumstances, the petitioner has sent a representation to the respondents on 22.03.2023 seeking exemption from payment of tax for the vehicles bearing Reg.No.PY-05-F-9082 and Reg.No.PY-05-F-9037.
7. Being satisfied with the reasons given in the affidavit and considering the arguments advanced by the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and in the light of the decision of this Court is Gopu Transport case (referred to supra), there shall be a direction to the third respondent to consider the petitioner's representation dated 22.02.2023 and dispose the same on merits and in accordance with law, preferably, within a period of six weeks from the date of receipt of a copy of this order.
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8. This Writ Petition stands allowed with the above observations. No costs.
25.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb To 1.The Secretary, Government of Puducherry, 100 Feet Road, Olandaikeerapalayam, Mudaliarpet, Puducherry - 605 004.
2.Transport Department, 100 Feet Road, Olandaikeerapalayam, Mudaliarpet, Puducherry - 605 004.
3.The Regional Transport Officer, Regional Transport Office, 100 Feet Road, Bharathidasan Nagar, Mudaliarpet, Puducherry - 605 004.
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C.SARAVANAN, J.
arb 25.07.2023 Page No. 5 of 5