Madras High CourtWP(MD)/9057/2020dismissed

Jayaprakash v. The Regional Transport Officer,

2020-09-07Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.9057 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9057 of 2020 and W.M.P.(MD)Nos.8274 & 8275 of 2020 Jayaprakash ... Petitioner Vs.

1. The Regional Transport Officer, Ramanathapuram, Ramanathapuram District.

2. The Motor Vehicle Inspector(Grade-I), Paramakudi Unit Office, Paramakudi, Ramanathapuram District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the second respondent dated 28.07.2020 and set aside the same and consequently direct the first respondent to issue the goods carriage permit by receiving road tax from the present period for the vehicles bearing registration No.TN 65-U-6666 and TN 65-Y-6666. For Petitioner : Mr.M.Suresh Kumar For Respondents : Mr.M.Rajarajan, Additional Government Pleader.

O R D E R

Heard the learned counsel on either side.

2. The petitioner is a holder of goods carriage permit. He wants renewal of the same. The respondents have taken the stand that unless the petitioner clears all the tax arrears, the request will not be considered. The petitioner's stand is that the goods vehicles were off the road and not being operated for the last several years. If that be so, the petitioner has to establish the same and also pay idle tax for the non-operated period.

3. The petitioner's counsel states that he will withdraw the writ petition with liberty to approach the respondents. The https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 W.P.(MD)NO.9057 of 2020 petitioner's counsel states that the petitioner would pay idle tax for the period when the goods vehicles were off the road.

4. Recording the said submission and giving liberty to the petitioner to approach the respondents, this writ petition stands dismissed. The petitioner's contentions are left open. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Regional Transport Officer, Ramanathapuram, Ramanathapuram District.

2. The Motor Vehicle Inspector(Grade-I), Paramakudi Unit Office, Paramakudi, Ramanathapuram District.

+1 CC to M/s.R. MURALI, Advocate ( SR-16179[F] dated 08/09/2020 ) +1 CC to M/s.Special Govt.Pleader ( SR-16210[F] dated 08/09/2020 ) W.P.(MD)No.9057 of 2020 07.09.2020 pmu SDS (11.09.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/4