S.Prakash v. The Motor Vehicles Inspector (Nt)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 03.11.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH S.Prakash ... 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 Petition 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's vehicle bearing registration No.KA51 AH 4908 forthwith.

For Petitioner : Mr.A.Ganesan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents would fairly agree that the issue in this writ petition in relation to the acceptance of remittance 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 W.P.Nos.10006 to 10008 of 2022 dated 22.04.2022, W.P.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 use in Tamil Nadu in accordance with the Ninth Schedule of the Act in respect of their vehicles bearing registration No.KA51 AH 4908 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 genuineness of the documents. That is well and good. 4.This writ petition is allowed in the aforesaid terms. No costs. 03.11.2022 kbs Index : Yes / No Speaking Order/Non-Speaking Order 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.

Dr.ANITA SUMANTH, J.

kbs 03.11.2022