K P NATARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner in the above writ petition is an operator of contract carriages covered by All India permits issued by the State Transport Authority, State of Karnataka. Since the permits issued in favour of the petitioner cover the States of Karnataka, Tamil Nadu, Kerala and Pondicherry, the petitioner has been paying the Motor Vehicle Taxes to the Primary State of Karnataka as well as to the other States covered by the permit. THE Government of Tamil Nadu had issued a Notification in Notification No.II (2)/HO/109/2000, dated 11.1.2000, published in the Tamil Nadu Government Gazette, dated 2.2.2000. According to the said notification, the officials of the Transport Department, not below the rank of Motor Vehicle Inspector (Non- Technical) in the Check Posts of the Transport Department were empowered to levy fine, on the spot, against the vehicles coming from other States, for certain offences notified therein. However, the Transport Commissioner had suggested that such powers should also be vested with the officials of the Transport Department in the hinterland to check tax evasion, unauthorised entries and other cognisable offences. THE Government of Tamil Nadu had accepted the said suggestion of the Transport Commissioner and it had published G.O.Ms.No.1243, Home (Transport VII) Department, dated 14.12.2001, directing that all the Officers of the Transport Department not below the rank of Motor Vehicle Inspectors Grade II, shall exercise the powers of compounding of offences in the places other than the Check Post in respect of vehicles from other States.

(2.) THE Government in G.O.Ms.No.1243, Home (Transport VII) Department, dated 14.12.2001, has been issued in exercise of the powers conferred by Sub Section (1) of Section 200 of THE Motor Vehicles Act, 1988. Though the original Gazette Notification referred to the power to levy spot fine against the vehicles coming from other States for certain offences notified therein, G.O.Ms.No.1243, Home (Transport VII) Department, dated 14.12.2001, issued under Section 200 of THE Motor Vehicles Act, 1988, referred only to compounding of offences against vehicles from other States. It specifically provides that offences punishable under the provisions specified therein may, either before or after the Institution of prosecution, be compounded by such officers or such authorities as the Government may specify. In such cases, no further proceedings shall be taken against the person charged. THE offences and violations covered by Section 200 of THE Motor Vehicles Act, 1988, relates to cognisable offences concerned with the safety of the vehicles and they did not cover alleged violations of the conditions contained in the permits.

(3.) A common counter affidavit has been filed on behalf of the respondents wherein it has been stated that the Government had issued G.O.Ms.No.30, Home (Transport VII) Department, dated 11.1.2000, delegating the powers to Police Officials for compounding of offences in the Cities of Chennai, Coimbatore, Madurai and Thiruchirappalli and the Transport Officials in the check posts, under Section 200 of The Motor Vehicles Act, 1988. The amounts chargeable as compounding fee were also revised and notified. The nature of offence and the revised amount of compounding fee were also notified in the said Government Order. It has also been specified in the said order that the Officials of the Transport Department, not below the rank of a Motor Vehicle Inspector (Non-Technical) in the check posts of the Transport Department are empowered, in respect of the vehicles coming from the other states, to collect compounding fees for the offences notified in G.O.Ms.No.30, Home Department, dated 11.1.2000 and also to enhance the amount of compounding fee/spot fine on the vehicles entering into the States of Tamil Nadu from other States.