Bosco Academy Matriculation v. The Secretary, Home (Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.16545 of 2004 and W.P.M.P.No.19557 of 2004 Boaco Academy Matriculation Hr.Sec.School Rep. By its Correspondent Mrs.Thresia Poonolly.

... Petitioner Vs.

The Government of Tamil Nadu, rep by its Secretary, Home (Transport) Department, Fort St. George, Chennai-600 009.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration to declaring that sec 4 of the Tamil Nadu Motor Vehicle Taxation Amendment Act 13 of 2003, as unconstitutional and ultravires in so far as it purports to substitute the rate of Motor Vehicle taxes from Rs.500/- quarter for a vehicle, to Rs.150/- per seat quarter, with reference to the motor vehicle bearing REG.No.TDV 8937, owned by the petitioner school.

For Petitioner : No Appearance For Respondent : Mr.A.Zakkir Hussain Government Advocate

ORDER

There is no representation on behalf of the petitioner. 2.When the matter is taken up for hearing, the learned Government Advocate appearing for the respondent would submit that the said matter is covered by the decision of the Division Bench of the Hon'ble Apex Court in the case of Tamilnadu Catholic Education Association Vs. State of Tamilnadu rep. by its Secretary in SLA (Civil) No.2656/2007.

https://hcservices.ecourts.gov.in/hcservices/

In view of the above decision, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gv/gmd To The Secretary, Government of Tamil Nadu, Home (Transport) Department, Fort St. George, Chennai-600 009.

+1cc to the Government Pleader, S.R.No.63025 W.P.No.16545 of 2004 and W.P.M.P.No.19557 of 2004 NRJK(CO) GN(05/10/2017) https://hcservices.ecourts.gov.in/hcservices/