V.RAMASUBRAMANIAN, N.KIRUBAKARAN
Pondicherry Contract Carriage Owners – Appellant
Versus
State of Tamil Nadu – Respondent
V. Ramasubramanian, J.
By an amendment made under Tamil Nadu Act 13 of 2012, to the Ninth Schedule to the Tamil Nadu Motor Vehicles Taxation Act, 1974, hereinafter referred to as the Act, the State of Tamil Nadu imposed a tax of a fixed amount per seat or berth per entry, upon omni buses hired on contract carriage for a period not exceeding 7 days, 30 days and 90 days. Challenging the validity of the said amendment, the petitioners, who are omni bus operators, have come up with the above writ petitions.
2. We have heard Mr. V.T. Gopalan and Mr. R. Muthukumarasamy, learned senior counsel appearing for the writ petitioners and Mr. AL. Somayaji, learned Advocate General assisted by Mr. N. Srinivasan, learned Additional Government Pleader appearing for the State of Tamil Nadu.
3. Clauses (a), (b) and (c) of the Ninth Schedule to the Act, respectively cover tourist motor cab, tourist maxi cab and omni bus, including sleeper coaches in respect of which permit is granted under Sub-sections (8) or (9) of Section 88 of the Motor Vehicles Act, 1988. The Ninth Schedule, as it stands amended under Tamil Nadu Act No.13 of 2012, read as follows:
"Contract carriages in respect of which tem
State of Tamil Nadu v. M.K.Kandaswami [1975 (4) SCC 745]
Travancore Tea Estates Co. Ltd. v. State of Kerala [1980 (3) SCC 619]
L.Royal Reddy v. Government of Andhra Pradesh [AIR 2004 AP 347]
Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan [AIR 1962 SC 1406]
Atiabari Tea Co. Ltd. v. State of Assam [AIR 1961 SC 232]
State of Bihar v. Bihar Chamber of Commerce [1996 (9) SCC 136]
Jindal Strips Ltd. v. State of Haryana [2003 (8) SCC 60]
Jindal Stainless Ltd. v. State of Haryana [2006 (7) SCC 241]
Kunnaathat Thathunni Moopil Nair v. State of Kerala [AIR 1961 SC 552]
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