Parveen Travels (P) Limited v. The Transport Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.11.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH Parveen Travels (P) Limited AB Towers, Rep. by its Managing Director, No.148, Perambur Barracks Road, Purasawalkam, Chennai-600 007.
... Petitioner in all WPs Vs 1.The Transport Commissioner, Chepauk, Chennai-600 005.
...R1 in all WPs 2.The Regional Transport Officer, Coimbatore (South), No.100, HMS Kalyana Mahal, Peelamedu Pudur, Coimbatore - 641 004.
... R2 in WP.31759/2022 3.The Regional Transport Officer, Redhills, GNT Road, Nallur Village, Padiyanallur, Redhills, Chennai - 600 067.
... R2 in WP.31762/2022 4.The Regional Transport Officer, Tindivanam, Pondy Main Road, Molasur Village, Tindivanam Taluk - 604 102.
... R2 in WP.31763/2022
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to forthwith refund the tax paid for the period from 24.3.2020 to 30.06.2020 or adjust the same towards future tax payable in respect of petitioner's vehicles, which has been paid by the petitioner, as prayed for in the petitioner's representaqtion dated 11.1.2021.
(In all WPs) For Petitioner : Ms.Bhargavi Gopalan For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader COMMON ORDER Mr.Yogesh Kannadasan, learned Special Government Pleader accepts notice for the respondents and is armed with instructions to enable final disposal of these matters, even at the stage of admission.
2. The petitioner, who is a contract carriage operator running omni buses holding a permit issued under Sections 88(8) and 88(9) of the Motor Vehicles Act, 1988, prays for a mandamus directing the respondents, being the Transport Commissioner/R1 and Regional Transport Officer/R2 to refund the tax paid for the period between 24.3.2020 and 30.6.2020 or adjust the same towards future tax payable in respect of the petitioner's vehicles.
3. Since the identical prayer has been made in the representation dated 11.01.2021 before R1, it would be appropriate that this request be considered and disposed by the authorities, before whom the representation is pending.
4. Hence, mandamus is issued to R1 to hear the petitioner and pass orders on the representation dated 11.01.2021 on merits and in accordance with law, within a period of six (6) weeks from today.
5. These Writ Petitions are disposed as above. No costs. Sl 28.11.2022 Index : Yes / No Speaking/Non-speaking Order To 1.The Transport Commissioner, Chepauk, Chennai-600 005.
2.The Regional Transport Officer, Coimbatore (South), No.100, HMS Kalyana Mahal, Peelamedu Pudur, Coimbatore - 641 004.
3.The Regional Transport Officer, Redhills, GNT Road, Nallur Village, Padiyanallur, Redhills, Chennai - 600 067.
4.The Regional Transport Officer, Tindivanam, Pondy Main Road, Molasur Village, Tindivanam Taluk - 604 102.
Dr.ANITA SUMANTH, J.
Sl 28.11.2022