Muhilvannan. V v. The Transport Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR V.Muhilvannan .. Petitioner Vs
1. The Transport Commissioner Office of the Transport Commissioner, Chepauk, Chennai- 600 005.
2. The Regional Transport Officer, Madurai South Madurai
3. The Motor Vehicle Inspector Grade-I Office of the Regional Transport Office, Madurai North, Madurai .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to issue (P.V.R Report) Personal Verification Report in respect of the petitioner`s Omni Bus permit bearing Registration No. TN 66- B 4477 to the period from 01.10.2021 to 30.04.2022 on the basis of the petitioner`s representation dated 06.05.2022 1/6
For Petitioner : Mr. Asaithambi For Respondents : Mr.S.Kameswaran Government Advocate
ORDER
This petition has been filed to direct respondents to issue Personal Verification Report in respect of the petitioner`s Omni Bus permit bearing Registration No. TN 66- B 4477 to the period from 01.10.2021 to 30.04.2022 on the basis of the petitioner`s representation dated 06.05.2022 .
2. The petitioner has sent representation dated 06.05.2022 seeking to issue Personal Verification Report for the period from 01.10.2021 to 30.04.2022. The contention of the petitioner is that earlier the Motor Vehicle Inspector Grade-I, Madurai North had given report dated 16.07.2021 stating that the petitioner's vehicle was stopped without movement from 01.05.2021 to 31.12.2021. Thereafter for the subsequent period also the vehicle was not in operation. Hence has sent a representation dated 06.05.2022 to the Motor Vehicle Inspector to conduct inspection and give report. Despite the same, no action has been taken. Further submitted that the Transport Commissioner had accepted 2/6
the same, and given waiver for payment of tax from 01.05.2021 to 30.09.2021. The report of the third respondent cannot be accepted in part. The petitioner had already sent report dated 11.02.2022 requesting for stoppage of vehicle from 31.12.2021 to the Transport Commissioner, for which there was no reply, on contrary received letter dated 04.04.2022 accepting stoppage from 01.10.2021 to 30.04.2022 alone. Thereafter the petitioner sent representation on 25.04.2022 expressing his difficulties to start the operation of the vehicle on the road. In the meanwhile the omni bus operators filed a Writ Petition in WP.No.1955 of 2022 before the Madras High Court and this Court by an order dated 29.04.2022 directed the omni bus operators to approach the transport authorities for payment of tax from 01.05.2022 to 30.06.
2022 and thereafter the petitioner filed this above petition. In view of the same, the petitioner now seeks waiver of tax from 01.10.2021 to 30.04.2022 seeking direction to direct the transport authorities to inspect his vehicle and to give Personal Verification Report to his Omni bus Carriage Permit bearing Reg. No TN 66B 4477.
3/6
3. The learned counsel appearing for the respondents would submit that it is an consequential relief sought on the order of WP(MD) No. 9096 of 2022. In view of this Court disposing WP(MD) No.9096 of 2022, this prayer cannot be entertained and hence prayed for dismissal Further submit that the representation of the petitioner now received and it would be considered and disposed of within a stipulated period.
4. In view of the same, the second respondent is directed to consider the representation of the petitioner dated 06.05.2022 and pass appropriate orders in accordance with law.
5. With the above direction, the Writ Petition stands disposed of. No costs.
15.07.2022 Index: Yes/No Internet : Yes/No aav 4/6
To
1. The Transport Commissioner Office of the Transport Commissioner, Chepauk, Chennai- 600 005.
2. The Regional Transport Officer, Madurai South Madurai
3. The Motor Vehicle Inspector Grade-I Office of the Regional Transport Office, Madurai North, Madurai 5/6
M.NIRMAL KUMAR, J.
aav 15.07.2022 6/6