1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11/04/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.520 of 2011 and M.P (MD) No.1 of 2011 D.Pathumuthu ... Petitioner Vs The Secretary, Regional Transport Authority, Sivagangai District, Sivagangai. ... Respondent Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus forbearing the respondent from demanding or collecting tax in respect of the petitioner's mini spare bus at the rate of Rs.9375/- per quarter instead of Rs.3750/- per quarter at the rate of three fourth of the route bus tax and consequently direct the respondent to refund the excess tax collected in respect of the mini spare bus bearing registration No.TDF: 2962 or adjust the excess tax collected in the future taxes payable for the route mini us and mini spare bus. For petitioner ...Mr.A.C.Asaithambi For Respondent ...Mr.V.Rajasekaran Special Government Pleader O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government pleader appearing for the respondent. 2. By consent, the Writ Petition is taken up for final hearing. 3. The petitioner has come up with the present Writ Petition for a mandamus forbearing the respondent from demanding or collecting tax in respect of the petitioner's mini spare bus at the rate of Rs.9375/- per quarter instead of Rs.3750/- per quarter at the rate of three fourth of the route bus tax and consequently direct the respondent to refund the excess tax collected in respect of the mini spare bus bearing registration No.TDF: 2962 or adjust the excess tax collected in the future taxes payable for the route mini us and mini spare bus. 4. In similar circumstances, this Court in W.P.Nos.5590 and 5591 of 2008, by an order dated 04.02.2008 has passed the following order:- “6.In view of the above, both the Writ Petitions are allowed and the impugned orders are set aside. Consequently, the respondent is directed to collect Tax at the rate of Rs.3,750/- per quarter from the petitioners for their Mini Spare Buses. Connected Miscellaneous Petitions are closed. No costs.” https://hcservices.ecourts.gov.in/hcservices/ 2 5. In view of the same, the Writ Petition stands ordered directing the respondents to collect tax at the rate of Rs.3,750/- per quarter from the petitioner for his Mini Spare Bus. No costs. Consequently connected Miscellaneous Petition is closed. SD DEPUTY REGISTRAR ( LA ) /TRUE COPY/ ASST REGISTRAR RR To The Secretary, Regional Transport Authority, Sivagangai District,Sivagangai. 1CC TO MR. A.C. ASAITHAMBI, ADVOCATE, SR: 13491: DM:2011:APRIL:18: W.P.(MD) No.520 of 2011 11.04.2011 2P:3C:: https://hcservices.ecourts.gov.in/hcservices/