Madras High CourtWP/34503/2004closed

Tvl.Bannari Amman Transports v. Secretary,

2017-09-15Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.34503 of 2004 and WPMP.No.41630 of 2004 Sri Bannari Amman Transports, Rep. by its Managing Partner, Thiru Marappan 13/20, BMS colony, Mysore Trunk Road, Rangasamudram, Sathyamanagalam-2.

.. Petitioner -vsSecretary, Regional Transport Authority, Gobichettipalayam, Erode District.

.. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records of the respondent relating to R.No.37419/B4/2004 dated 02.11.2004 demanding tax of Rs.17,100/- in so far as the vehicle No.TN-69-W4952 and to quash the same. For petitioner : Mr.N.Gopalakrishnan For respondent : Mrs.K.Bhuvaneswari

ORDER

The petitioner challenging the demand notice dated 02.11.2004, by which, the respondent made a demand of Rs.17,100/- on vehicle bearing No.TN-69-W-4952 for misuse of permit.

2. The brief facts of the petitioner is that the petitioner is the owner of the vehicle bearing No.TN-69-W-4952 covered by spare bus permit issued by the respondent office. Contrary to the permit, the petitioner's vehicle which is permitted to ply in the route of Sathyamangalam, has picked up 56 passengers from Coimbatore and collected individual fare of Rs.300/- and Rs.200/- and plied to Chennai. Hence, the special permit was misused.

3. On 06.10.2003, said vehicle was intercepted at Koyambedu and found that the vehicle was plied contrary to the original permit and operated as omni bus service. Accordingly, the authority calculated the amount and imposed penalised amount and pass orders and issued a demand notice on 02.11.2004 to pay a sum of Rs.17,100/-. Aggrieved by the same, the present writ petition is filed.

4. Learned Government Advocate appearing for the respondent

submitted a letter dated 07.09.2006, wherein, it is stated that the said amount of Rs.17,100/- was paid by the petitioner on 28.07.2005 and remittance pay slip is also enclosed along with the letter.

5. In view of the above, I do not find that anything would survive for adjudication in the writ petition.

In the result, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

15.09.2017 gv Speaking order:Non-speaking order Index: Yes/No To Secretary, Regional Transport Authority, Gobichettipalayam, Erode District.

M. DHANDAPANI.,J.

gv W.P. No.34503 of 2004 and WPMP.No.41630 of 2004 15.09.2017