RISHI PALPU Vs. TRANSPORT COMMISSIONER TAMIL NADU CHENNAI

JUDGEMENT

(1.) THE petitioner, a National Permit Holder of a goods carriage, has sought a writ of certiorari to quash the order of the second respondent, dated 15.11.2002 and for further orders.

(2.) BRIEF facts leading to the writ petition are as follows: The petitioner, is the owner of the Heavy Goods Vehicle (HGV Trailor) manufactured by Volvo India Private Ltd., bearing registration No. NL 2 D 100. The vehicle is covered with a valid National permit issued by the State Transport Authority, Nagaland and the Authorization is valid throughout India, including Nagaland, Assam, West Bengal, Orissa, Andhra Pradesh, Karnataka, Tamil Nadu and Kerala. As per the registration certificate and authorization certificate/permit, the Gross Vehicle Weight of the said vehicle is 71,000 Kgs. The number and-description of the size of tyres weight entered in column 15 of the registration certificate of the vehicle is described below: SI. No Number, Description of Seize of Tyres (a) Front axle 11.00 " 20 = 2 (b) Rear axle 11.00 " 20 = 4 (c) Any other axle 11.00 " 20 = 12 (d) Tandem axle ""

(3.) THE petitioner has further submitted that the taxation of national permit vehicle are prescribed between the Governments and the petitioner is paying Motor Vehicle Tax in respect of Vehicle No. NL-02-D-0100 for the States of Nagaland, Assam, West Bengal, Orissa, Andra Pradesh, Karnataka, Tamil Nadu and Kerala irrespective of fact whether the vehicle enters the respective states or not. As per Section 46 of the Motor vehicles Act, a Motor Vehicle registered in accordance with the provision of the Act in any State shall not be required to be registered elsewhere in India and the certificate of registration issued or in force under the Act in respect of such vehicle shall be effective throughout India.