1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 12.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.9276 of 2011 Tvl. Ganesh Transpoirts(Firm), No.5, Kallar Street, Manachanallur, Tiruchirappalli District, represented by its Managing Partner , S.M.Sevanthilingam. ..Petitioner Vs 1. The Regional Transport Authority, Tiruchirappalli,Tiruchirappalli District. 2. The Regional Transport Officer, Srirangam, Tiruchirappalli, Tiruchirappalli District. ..Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to refund a sum of Rs.99,335/- paid towards quarterly tax for the period from 21.05.2005 to 31.12.2009 in respect of the petitioner's Mini Bus bearing Reg.No. TCA 2324. For Petitioner :M/s.K.Sudalayandi For Respondent :Mr.T.R.Janarthanan,Addl.Govt.Pleader ORDER The petitioner has filed the present Writ Petition seeking a Writ of Mandamus to be issued against the second respondent to refund a sum of Rs.99,335/- paid towards quarterly tax for the period from 21.05.2005 to 31.12.2009 in respect of the petitioner's Mini Bus bearing Registration No.TCA 2324 and pass further orders. 2. The petitioner was granted permission by the first respondent in his proceedings, dated 24.03.2005 for plying his Minibus in the route Leela Hotel to Palur Union Office in Trichy District. After sometime, one V.Saravanan filed a Revision Petition No.28 of 2005 before the State Transport Appellate Tribunal at Madras against the Minibus permit granted in favour of the petitioner. The State Transport Appellate Tribunal by its order, dated 12.04.2006 allowed the revision petition reversing the order of the first respondent granting permission in favour of the petitioner. Aggrieved by the said order, the petitioner filed W.P.No.15837 of 2006 against the order passed by the State Transport Appellate Tribunal before the Principal Bench of this Court at Chennai and the same is also pending for disposal. 3. The learned counsel for the petitioner further submitted that the petitioner has paid a sum of Rs.5000/- towards quarterly tax on 27.05.2005 even though he has not plied his minibus for the period from 21.05.2005 to 31.12.2009. Further, he continued to pay a total sum of Rs.99,335/- as on 31.12.2009. After sometime, the petitioner https://hcservices.ecourts.gov.in/hcservices/ 2 by moving an application sought for refund of the said money as he is not plying his vehicle. The second respondent by his letter, dated 24.03.2010 requested the petitioner to produce the original R.C.Book and the receipt for the payment of quarterly tax for the period from 21.05.2005 to 31.12.2009. The learned counsel for the petitioner further submits that the petitioner has furnished all the information required, but till date the said amount has not been refunded by the second respondent. 4. In reply, the learned Additional Government Pleader appearing for the respondents bringing to the notice of this Court a letter No.43367/B1/Dated : .08.2011 issued by the Regional Transport Officer, Srirangam, Tiruchirappalli addressed to the learned Additional Government Pleader of Madurai Bench of Madras High Court, Madurai has submitted that the petitioner is not co-operating with the authorities for passing appropriate orders to refund the amount of Rs.99,335/-. The above mentioned communication also shows that the quarterly tax paid in respect of the Petitioner's Minibus Reg. No.TCA 2324 is liable to be refunded subject to condition that the non-usage of the vehicle on public road should be established by the petitioner by giving supportive evidence. If he is producing the evidence to the respondents that he is not using the vehicle on public road, the petitioner's request for refund of the above said amount would be considered soon. 5. Recording the said submission, this Court directs the petitioner to approach the second respondent/Regional Transport Officer, Srirangam, Tiruchirappalli, Tiruchirappalli District with this order along with the letter addressed to the Additional Government Pleader of this Bench, dated Nil.08.2011, within two weeks from the date of receipt of a copy of this order. On production of the necessary papers to show that the petitioner's Minibus Registration No. TCA 2324 has not been used on public road during the relevant period,the second respondent shall consider and pass appropriate orders on merits within two weeks thereafter. 6. With the above directions, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1. The Regional Transport Authority, Tiruchirappalli, Tiruchirappalli District. 2. The Regional Transport Officer,Srirangam, Tiruchirappalli,Tiruchirappalli District. +one cc to Special Government Pleader, Sr.No. 39499 W.P(MD)No.9276 of 2011 12.11.2011 vsn/sma/24.11.2011/4c/2p https://hcservices.ecourts.gov.in/hcservices/