K. PONNUSAMY Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THIS writ petition is filed seeking for a mandamus directing the respondent to issue no tax due certificate in respect of vehicle No.TN 04A 3391 to the petitioner.

(2.) THE case of the petitioner is that he is the owner of an auto rickshaw bearing Registration No.TN 04A 3391 with Engine No.M24CF 03858, Chasis No.F24CF 040358. The original documents of the vehicle viz., R.C.Book, Permit Certificate, Yellow Card were lost on 29.09.2004. Hence, the petitioner made a complaint to the police and a missing certificate bearing R.C.No.13449/missing/CRB/2004 was also published in the Chennai city Crime and occurrence sheet. When the petitioner approached the respondent for obtaining no due tax certificate for getting a duplicate R.C.Book, the respondent refused to issue the said certificate on the reason that already no tax due certificate has been issued on 23.10.2004. It appears that the petitioner has also submitted a representation on 28.04.2005 for issuing the no tax due certificate. As the same has not been issued, the present writ petition is filed before this Court.

(3.) IN fact, the matter was originally posted before this Court on 10.09.2013 on which day, the learned counsel for the petitioner sought time to verify the present status. Accordingly, the matter was adjourned and it is listed today under the caption for orders. Today also, the learned counsel for the petitioner is not in a position to inform the Court with regard to the present status. Therefore, this Court is left with no other option except to dispose of the writ petition based on the facts available before this Court.