LAWS(MAD)-1999-11-83

M KRISHNAPPAN Vs. STATE OF TAMIL NADU

Decided On November 11, 1999
M. KRISHNAPPAN Appellant
V/S
The State of Tamil Nadu rep. by the Secretary to Government, Home (Transport) Department And Another Respondents

JUDGEMENT

(1.) IN this batch of writ petitions the petitioners have prayed for the issue of writ of declaration or any other appropriate writ or direction to declare Section 4(1-A)(a) read with Schedule 3 Part-I of the Tamil Nadu Motor Vehicles Taxation Act, 1974 as amended, as unconstitutional, violative of Article 14 of the Constitution of INdia and inconsistent with Scheme of Sec. 3 and 4 (1-A)(b) of the Tamil Nadu Motor Vehicles Taxation Act in so far as it imposes a compulsory demand of lifetax with differential tax structure for the petitioner in respect of new Motor Vehicles to be registered in the State of Tamil Nadu.

(2.) THE relief prayed for in all the writ petitions are identical. In all the Writ Petitions, common contentions have been raised. Hence, these writ petitions were ordered to be consolidated.

(3.) IT is also contended mat the impugned amendment under Section 4(1-A)(a) is also inconsistent with Section 4(1-A)(b) of the Act which provides for payment of tax either annually under first schedule or prorata life tax under third schedule in respect of old cars. The impugned provisions are to that extent discriminatory and violative of Article 14 of the Constitution.