El Shaddai Assemblies Of God v. The Transport Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.8.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition Nos.29627 & 29628 of 2016 El Shaddai Assemblies of God, rep.by its President Rev Navaraj De Sahayam ... Petitioner in both WPs Vs

1. The Transport Commissioner, Transport Department, Chepauk, Chennai-5.

2. The Assistant Registering Authority, Regional Transport Office, Tirupur South, Tirupur-641 605.

3. The Regional Transport Officer, Tirupur South, Tirupur-641 605. ... Respondents in both WPs PETITIONS under Article 226 of The Constitution of India praying for the issuance of Writs of Mandamus directing the 3rd respondent to make necessary endorsements in the RC Books respectively for the vehicles (i) bearing registration No.TN 34 C 3965 based on road tax paid by the petitioner under Challan No.P 3570225 dated 5.3.2014 and (ii) bearing registration No.TN 34 C 3962 based on road tax paid by the petitioner under Challan No.P 3570224 dated 5.3.2014.

For Petitioner :

Mr.R.Neethi Perumal For Respondents :

Mr.A.Zakkir Hussain, Government Advocate COMMON ORDER Mr.Zakkir Hussain, learned Government Advocate accepts notice for the respondents. Heard both. By consent, the writ petitions are taken up for final disposal.

2. The petitioner seeks a direction to the third respondent to make necessary endorsements in the registration certificate books of the respective vehicles bearing Regn.Nos.TN 34 C 3965 and TN 34 C 3962, based on the road tax paid by them.

3. It is admitted that the vehicles were registered as transport vehicles. Now, the petitioner wants them to be converted into non transport vehicles category and accordingly has remitted tax. The grievance of the petitioner is that necessary endorsements have not been made in the registration certificate books. In this regard, the petitioner submitted their representations on 20.6.2016 to the second respondent, which are pending consideration.

4. The learned Government Advocate submits that the seating capacity of the vehicles is seven and that the petitioner wants to ply the vehicles within the State of Tamil Nadu as well as outside the State.

5. In any event, the petitioner's representations should be considered by the second respondent, as the Government, in G.O.Ms.No.99 P & AR Department dated 21.9.2015, has issued directions to the various Departments in the Government of Tamil Nadu that grievances, if brought to the notice of the Authorities, shall be considered within a maximum period of one month. In the instant case, the representations are pending since 21.6.2016, as could be seen from the copy of the postal acknowledgement card.

6. Accordingly, the writ petitions are disposed of with a direction to the second respondent to consider the representations of the petitioner dated 20.6.2016 on merits and pass appropriate orders thereon in accordance with law, within a period of 15 days from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar RS

To 1.The Transport Commissioner, Transport Department, Chepauk, Chennai-5.

2.The Assistant Registering Authority, Regional Transport Office, Tirupur South, Tirupur-641 605.

3.The Regional Transport Officer, Tirupur South, Tirupur-641 605.

+2cc's to Mr.R.Neethi Perumal, Advocate, S.R.Nos.48529 & 48530 +1cc to the Government Pleader, S.R.No.48677 W.P.Nos.29627 & 29628 of 2016 AD(CO) CA(09/09/2016)