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P. T. ASHA
Angappan – Appellant
Versus
Secretary to the Government of Tamil Nadu – Respondent
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 5th Respondent vide his proceedings in Na.Ka.No. 32569/E2/2022 dated 05.01.2023 and quash the same as illegal and consequently direct the 5th respondent to register the petitioners New Maruti Suzuki XL 6 car and to grant exemption of Tax to the Physically disabled as per G.O.Ms.No.3352 dated 29.12.1976 within a time period stipulated by this Court.
This is a rather unfortunate writ petition, where the writ petitioner, who is physically challenged, is forced to approach this Court to assert his entitlement to a concession that is made applicable to him by orders of the Government of Tamil Nadu. In order to appreciate the grievance of the petitioner, it is necessary to briefly allude to the facts which has culminated in filing of this writ petition.
2. The petitioner is a person, who suffers from a locomotor disability. His disability is assessed at 80% and he holds a unique disability identity card issued by the Government of India. The learned counsel for the petitioner would submit that
Visually challenged persons are entitled to concessions with reference to GST, road tax, toll tax, etc., based on the recommendation of the Commission for Persons with Disabilities and previous court....
Persons with disabilities should not be denied tax exemptions for vehicles purchased to accommodate their needs solely because the vehicle is not adapted for their specific disabilities.
The court ruled that a differently-abled individual's vehicle registration requires a Medical Board's examination to verify driving fitness, reaffirming tax exemptions per existing government orders.
Art. 14 postulates equal treatment for equally placed persons that is to say un-equals can be treated unequally.
The court ruled that a 100% hearing and speech impaired individual is entitled to exemption from mandatory Tamil language test requirements, emphasizing the principle of reasonable accommodation unde....
Government directives regarding transport allowances must be objectively assessed, especially regarding the necessity of valid disability certification for eligibility.
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