K.Sundara Mayilsamy v. The Secretary, Home (Tr.)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2017

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.38738 of 2004 and W.P.M.P.No.46287 of 2004 K.Sundara Mayilsamy .. Petitioner Vs 1.The State of Tamil Nadu, rep.by its Secretary, Home (Transport) Department, Fort St.George, Chennai-600 009.

2.The Registering Authority- cum- Regional Transport Officer, Pollachi.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration declaring Section 4(1-A)(a) introduced by the Tamil Nadu Amendment Act 27 of 1998 as amended by Tamil Nadu Act 13 of 2003 by substituting Schedule III, Part 1 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 as ultra vires and violative of Article 14 of the Constitution of India in so far as it amount to life tax in respect of the petitioner's vehicle Accent CRDI Car bearing Engine No.D3EA4492741 and Chassis No.MALCH41WR4M 107919 for registration is concerned.

For Petitioner : Mr.K.Hariharan For Respondents : Mrs.A.Srijayanthi, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

The learned counsel for the petitioner submitted that the issue involved in this writ petition is squarely covered by the decision of this Court reported in 2005 Writ L.R. 740 (K.M.Vijayan, Senior Advocate, etc. v. State of Tamil Nadu and another). Following the same, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar KM To 1.The Secretary to Government, Government of Tamil Nadu, Home (Transport) Department, Fort St.George, Chennai-600 009.

2.The Registering Authority- cum- Regional Transport Officer, Pollachi.

+1cc to Government Pleader sr.50607 W.P.No.38738 of 2004 and W.P.M.P.No.46287 of 2004 mv(co) ss(29/8/2017) https://hcservices.ecourts.gov.in/hcservices/