Yaazhiniy Motors vs The Regional Transport Officer
2021 Latest Caselaw 15235 Mad

                                                                          W.P(MD)No.6093 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.6093 of 2021


                     Yaazhiniy Motors
                     Rep.through its partner,
                     M.Maheshkumar
                     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.                                ... 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 by
                     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.


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https://www.mhc.tn.gov.in/judis/
                                                                            W.P(MD)No.6093 of 2021




                                    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 Supreme

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

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

https://www.mhc.tn.gov.in/judis/ W.P(MD)No.6093 of 2021

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

petitioner is directed to be considered within a time to be

stipulated by this Court.

https://www.mhc.tn.gov.in/judis/ W.P(MD)No.6093 of 2021

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.

https://www.mhc.tn.gov.in/judis/ W.P(MD)No.6093 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.6093 of 2021

J.NISHA BANU, J.

MPK

W.P(MD)No.6093 of 2021

29.07.2021

https://www.mhc.tn.gov.in/judis/