?IN THE HIGH COURT OF JUDICATURE AT MADRAS %DATED: 03/04/2009 *CORAM THE HONOURABLE MR. JUSTICE M.JAICHANDREN +WP.324 of 2004 #V.Chitra $The Motor Vehicles Inspector !For Petitioner: N.Gopalakrishnan ^For Respondent: A.S.Bharahy :ORDER
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2009
CORAM
THE HONOURABLE MR. JUSTICE M.JAICHANDREN
Writ Petition No.324 of 2004
and
W.P.M.P.No. 334 of 2004
V. Chitra .. Petitioner
Versus
1. The Motor Vehicles Inspector
Taxation Section,
Government of Pondicherry,
Transport Department,
Pondicherry.
2. The Regional Transport Officer,
Vellore. .. Respondents
Writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus as stated therein.
For Petitioner : Mr. N. Gopalakrishnan
For Respondent -1 : Mr. A.S.Bharahy
For Respondent-2 : Mr.V.Viswanathan
Additional Government Pleader
ORDER
This Writ Petition has been filed praying for the issuance of a Writ of Certiorari to call for the records relating to the proceedings of the first respondent No.636/TD/2003, dated 10.09.2003, issued in respect of the petitioner’s vehicle No.TAI 729 and to quash the same.
2. It has been stated that the petitioner is holding a goods carriage permit issued by the second respondent in respect of his vehicle No.TAI 729, under section 81 of the Motor Vehicles Act. While so, the first respondent has issued the impugned proceedings, dated 10.09.2003, demanding the payment of Rs.13,800/-, as arrears of bilateral tax due to be paid by the petitioner. The main ground raised by the petitioner is that the impugned demand notice, dated 10.09.2003, had been issued by the first respondent without giving the petitioner an opportunity to represent his case. Therefore, the learned counsel for the petitioner had submitted that it would suffice if the demand notice, dated 10.09.2003, is set aside and a fresh demand notice is issued, with regard to the payment of bilateral tax arrears by the petitioner, if any, after giving the petitioner a reasonable opportunity to represent his case.
3. Learned counsels for the respondents have no objection for this Court passing such an order.
4. In view of the submissions made by the learned counsel for the petitioner, as well as the respondents, the impugned proceedings, dated 10.09.2003, issued by the first respondent, is set aside permitting the first respondent to issue a fresh demand notice to the petitioner, regarding the bilateral tax arrears payable by the petitioner, if any, after giving a reasonable opportunity to the petitioner to put forth his case.
5. The Writ Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.
03.04.2009
Index : Yes
Internet : Yes
mra
To
1. The Motor Vehicles Inspector
Taxation Section,
Government of Pondicherry,
Transport Department,
Pondicherry.
2. The Regional Transport Officer,
Vellore.
M.JAICHANDREN,J. mra Writ Petition No.324 of 2004 and W.P.M.P.No. 334 of 2004 03.04.2009