Madras High Court
Suganya Motors vs The Regional Transport Officer on 29 July, 2021
W.P(MD)No.6026 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No.6026 of 2021
Suganya Motors
Rep.through its Proprietor,
D.Murugasen
Dindigul ... Petitioner
Vs.
1.The Regional Transport Officer,
Dindigul,
Dindigul District.
2.The Regional Transport Officer,
Battalagundu,
Dindigul District.
3.The Regional Transport Officer,
Uthamapalayam,
Theni District.
4.The Regional Transport Officer,
Madurai North, K.Pudur,
Madurai District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, directing
the respondents herein to issue certificate of registration receiving
the life tax to the petition mentioned vehicles which are sold within
1/6
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W.P(MD)No.6026 of 2021
the cut off date fixed by the Hon'ble Apex Court in W.P(Civil)No.
13029 of 1985 (M.C.Mehta Vs. Union of India and others), vide
order dated 24.10.2018.
For Petitioner : Mr.S.Sarvagan Prabhu
For Respondents : Mr.S.Shanmugavel
Govt.Advocate
ORDER
This Writ Petition has been filed praying for issuance of a
Writ of Mandamus, directing the respondents to issue certificate of
registration receiving the life tax to the petition mentioned vehicles
which are sold within the cut off date fixed by the Hon'ble Apex
Court in W.P(Civil)No.13029 of 1985 (M.C.Mehta Vs. Union of India
and others), vide order dated 24.10.2018.
2.The grievance of the petitioner is that the petitioner is
engaged in buying and selling of motor-cycles. The petitioner had
sold the petition mentioned vehicles, which are not BS-IV
compliant. The petitioner's grievance is that the respondents have
not registered the said vehicles.
3. The learned counsel appearing for the petitioner would
submit that the sales in respect of the vehicles in question had
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W.P(MD)No.6026 of 2021
taken place prior to the cut off date viz., 31.03.2020, stipulated by
the Hon'ble Supreme Court. The learned counsel, in support of his
contention, invited the attention of this Court to the Judgment of
the Hon'ble Supreme Court, dated 13.08.2020 in W.P(Civil)No.
13029 of 1985) (M.C.Mehta Vs. Union of India and others).
In the said order, the Hon'ble Supreme Court has held that they
have allowed registration of such vehicles which could not be
registered during the time of March, 2020. The petitioner would
state that he has given a representation in this regard, which is
also not considered till date.
4. The learned Government Advocate appearing for the
respondents would submit that the petitioner's representation
dated 04.02.2021 will be considered within the time frame to be
stipulated by this Court.
5. The Court heard the submissions made by the learned
counsels appearing on either side and perused the materials
available on record.
6. Though the petitioner has come with a larger prayer, he
would state that it would be suffice, if the representation of the
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W.P(MD)No.6026 of 2021
petitioner is directed to be considered within a time to be
stipulated by this Court.
7. Considering the submissions made by the learned counsel
appearing for the petitioner as well as the respondents, without
adverting to the merits of the case, the respondents are directed to
dispose of the representation of the petitioner, dated 04.02.2021,
on merits, and in accordance with law, within a period of eight
weeks from the date of receipt of a copy of this order.
8. With the above direction, this Writ Petition stands disposed
of. No costs.
29.07.2021
Index:Yes/No
Internet:Yes/No
MPK
Note:(i) 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.
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W.P(MD)No.6026 of 2021
To
1.The Regional Transport Officer,
Dindigul,
Dindigul District.
2.The Regional Transport Officer,
Battalagundu,
Dindigul District.
3.The Regional Transport Officer,
Uthamapalayam,
Theni District.
4.The Regional Transport Officer,
Madurai North, K.Pudur,
Madurai District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6026 of 2021
J.NISHA BANU, J.
MPK
W.P(MD)No.6026 of 2021
29.07.2021
https://www.mhc.tn.gov.in/judis/
