D.V. SUBRAMANYA, PROPRIETOR, D.C.V. TRANSPORT, DENKANIKOTTA Vs. THE STATE TRANSPORT AUTHORITY, CHEPAUK, CHENNAI AND THE REGIONAL TRANSPORT OFFICER, DHARMAPURI

JUDGEMENT

(1.) The petitioner has filed the above writ petition praying to issue a writ of certiorari calling for the records of the first respondent relating to Memo/ No.85173/E4/97 dated 23/3/1998 and to quash the same.

(2.) In the affidavit filed in support of the writ petition, the petitioner would submit that he is the owner of the vehicle bearing Registration No.KA -05/6300 covered by spare bus permit issued by the first respondent and that the Motor Vehicles tax in respect of this vehicle is payable before the second respondent; that he also holds valid route bus permit issued by the first respondent for the route Bangalore to Ayyur; that he intending to surrender the spare bus permit since the vehicle is idle; that the petitioner made an application in the prescribed form and fee on 16/9/1997 before the first respondent, on which no order has been passed and hence he filed W.P. No.18838 of 1997 and this Court as per its order dated 18/12/1997 directed the first respondent to consider and pass orders on the application for surrender of spare bus permit within a weeks time. But inspite of the said order, the first respondent has not passed any order till date.

(3.) Further stating that he had paid the Motor Vehicles tax for the spare bus upto 30/9/1997, based on which the second respondent had also issued the tax clearance certificate and inspite of all these, since the first respondent issued the impugned memo dated 23/3/1998 remarking that the stoppage report was sent late by 65 days and that no permission under Rule 172 (b) could be granted and that the petitioner has to pay the tax for the spare bus from 1/10/1997 to 31/12/1997 with 100% penalty or otherwise, action would be taken to realise the amount in accordance with law, testifying the validity of the same, the petitioner has come forward to institute this writ petition praying for the relief extracted supra.