K. Ponnusamy v. Regional Transport Officer, Regional Transport Office
2013-09-17
K.RAVICHANDRA BAABU
body2013
DigiLaw.ai
Judgment : 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. Though this writ petition was admitted in the year 2005 and notice was ordered to the respondent, till this date, no counter affidavit is filed nor any instruction is given to the learned Special Government Pleader appearing for the respondent. 4. 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. 5. The prayer in this writ petition is seeking for issuance of no tax due certificate by the respondent. It is admitted by the petitioner that he had already approached the respondent by way of a representation dated 10.01.2005 issued through his counsel followed by another representation dated 28.04.2005.
5. The prayer in this writ petition is seeking for issuance of no tax due certificate by the respondent. It is admitted by the petitioner that he had already approached the respondent by way of a representation dated 10.01.2005 issued through his counsel followed by another representation dated 28.04.2005. Therefore, without going into the merits and contentions of the petitioner, I only direct the respondent to consider those representations of the petitioner and pass orders on the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, if the no tax due certificate is not issued already. With the above direction, the writ petition is disposed of. No costs.