T ALLIMUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Writ Petitions relate to levy of compounding fee. Facts and legal submissions are being identical, they are taken up together and disposed of by a common order.

(2.) FACTS leading to Writ Petitions are as follows:The petitioners are goods carriage operators, operating their vehicles bearing Registration Nos.TN-27/A-9997, TAL-2397, TDM-2797, MDK-2292, TSH-6577, TN-25-V-0455, TN-09-3-3705 (in W.P.No. 2705 and 2706 of 2001) and TN-04/D-9199, TN-04/D-5455, TN-28/A-9365, TN-09/C-4419, TN-41-A-2655 and TN-04-A-7977 (in W.P. No. 3256 of 2001) with valid permits. According to them, they were paying Motor Vehicles Tax for the above vehicles regularly, as contemplated under the provisions of the Tamil Nadu Motor Vehicles Taxation Rules. The vehicles are covered by valid Fitness and Insurance Certificates. While the matter stood thus, the third respondent has issued a Circular No.13 of 1994, in Letter No. 76251/G3/92, dated 05.02.1994, as to how compounding fee should be levied. Thereafter, Circular No. 70/99 in R.No. H3/118206/98, dated 28.07.1999, has been issued, prescribing a uniform compounding fee to be levied by the Transport Authority within the State of Tamil Nadu. Aggrieved by the said Circulars, the petitioners have preferred the present Writ Petitions.

(3.) SECTION 113 of the Motor Vehicles Act empowers the State Government to prescribe conditions for issue of permits for transport vehicles by the State or Regional Transport Authorities and the authorities may prohibit or restrict the use of such vehicle in any area or route. Any officer of the Motor Vehicles Department authorised by the State Government under SECTION 114 of the Act shall, if he has reason to believe that a goods vehicle or trailer is being used in contravention of SECTION 113, require the driver to verify the weight of the vehicle. Chapter 13 of the Motor vehicles Act deals with the offences, penalties and procedure and as per SECTION 177 of the Act, whoever contravenes any provision of this Act or of any Rule, Regulation or Notification made thereunder shall, if no penalty is provided for the offence, be punishable for the first offence with fine which may extend to Rs.100/- and for any second or subsequent offence with fine which may extend to Rs.300/- SECTION 178 of the Act deals with the penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and for refusal to ply a contract carriage, etc., a fine, which may extend to Rs.500/- can be levied. SECTION 179 deals with the disobedience of orders, obstruction and refusal of information, which is punishable with fine, which may extend to Rs.500/- There are other provisions dealing with specific offences, for which, fine amount is prescribed under the Rules and there are certain offences where punishment of imprisonment is also provided apart from fine. In so far as, driving the vehicle exceeding the permissible weight, penalty is provided under SECTION 194 of the Act and it reads as follows: