WP No.36243 of 2004 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.03.2024 CORAM THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY WP No.36243 of 2004 Sri Achudhananda Nursery & Primary School rep. By its Correspondent, Govindhananda Swamigal Pillayarpatti 630 207 Sivagangai District : Petitioner Vs 1.The State of Tamil Nadu, rep. By its Secretary Home (Transport) Department, Fort St.George, Chennai 9 2.The Secretary, The Regional Transport Authority cum Regional Transport Officer, Sivagangai District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring Section 4(3) of the Tamil Nadu Motor Vehicles Taxation Act 13 of2003 as ultravires, unconstitutional and void by substituting clause 8(a) of the First Schedule enhancing the tax for the petitioner's educational institution bus from Rs.500 per quarter to Rs.150/- per seat per quarter. Page 1 of 4 https://www.mhc.tn.gov.in/judis WP No.36243 of 2004 For Petitioner : No appearance For Respondents : Mr.A.Edwin Prabhakar, State Government Pleader ORDER (Made by the Hon'ble Chief Justice) None appears for the petitioner. 2. We have heard Mr.A.Edwin Prabhakar, learned State Government Pleader, for the respondents. 3. The petitioner seeks Declaration declaring Section 4(3) of the Tamil Nadu Motor Vehicles Taxation Act 13 of 2003 as ultra vires, unconstitutional and void by substituting clause 8(a) of the First Schedule enhancing the tax for the petitioner's educational institution bus from Rs.500/- per quarter to Rs.150/- per seat per quarter. 4. The learned State Government Pleader submits that the said provision is no longer in force. Page 2 of 4 https://www.mhc.tn.gov.in/judis WP No.36243 of 2004 5. In view the same, the writ petition stands dismissed. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 28.03.2024 Index : Yes/No Neutral Citation : Yes/No tar To 1.The Secretary Home (Transport) Department, Fort St.George, Chennai 9 2.The Secretary, The Regional Transport Authority cum Regional Transport Officer, Sivagangai District Page 3 of 4 https://www.mhc.tn.gov.in/judis WP No.36243 of 2004 THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J. (tar) WP No.36243 of 2004 28.03.2024 Page 4 of 4 https://www.mhc.tn.gov.in/judis