N.SURENDRAN v. THE SECRETARY TO THE GOVERNMENT OF INDIA
WP/34505/2025 · 2025-09-12
V Lakshminarayanan
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 99396 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99396 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.No.34505 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN W.P.No.34505 of 2025 N.Surendran ... Petitioner Vs. 1.The Secretary to the Government of India, Ministry of Road Transport and Highways Department, No.1, Parliament Street, Transport Bhavan, New Delhi – 110 001. 2.The Secretary to the Government of Tamil Nadu, Tamil Nadu Transport Department, Fort St. George, Chennai – 600 009. 3.The Commissioner, Tamil Nadu State Transport Authority, Chepauk, Chennai – 600 005. 4.The District Collector, Collector Office, Thiruvallur District. 5.The Assistant Commissioner of Transport, Tamil Nadu Transport Department, Thiruvallur District. 6.The Regional Transport Officer, Regional Transport Office, Ambattur RTO, Thiruvallur District. ... Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 6th respondent to register the petitioner's New Tata Nexan car Vehicle bearing its Engine Chase https://www.mhc.tn.gov.in/judis
W.P.No.34505 of 2025 No.MAT 878023 SAG 66326 and to grant exemption of tax to the petitioner under the physically disabled as per G.O.Ms.No.3352 dated 29.12.1976 and in RT-11036/57/2020-MVL dated 03.02.2023 issued by the 1st respondent within a stipulated time. For Petitioner :Mr.D.Jagadeesan For Respondent 1 :Mr.B.Ramprabu, ACGSC For Respondents
2 to 6 :Mr.L.S.M.Hasan Fizal, Additional Government Pleader
ORDER I heard Mr.D.Jagadeesan for the petitioner, Mr.B.Ramprabu, learned Additional Central Government Standing Counsel for the first respondent and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader for the respondents 2 to 6.
2. The petitioner seeks for the following reliefs:
“directing the 6th respondent to register the petitioner's New Tata Nexan car Vehicle bearing its Engine Chase No.MAT 878023 SAG 66326 and to grant exemption of tax to the petitioner under the physically disabled as per G.O.Ms.No.3352 dated 29.12.1976 and in RT- 11036/57/2020-MVL dated 03.02.2023 issued by the 1st respondent within a stipulated time.”
3. The petitioner is a physically challenged person. He claims to suffer from 45% disability in his left hand. On account of this challenge, he is https://www.mhc.tn.gov.in/judis
W.P.No.34505 of 2025 unable to use a two wheeler. Hence, he decided to purchase a new vehicle suitable for his use. Accordingly, he purchased a four wheeler manufactured by M/s.Tata Motors. The model being Tata Nexan. Being a physically challenged person, he claimed exemption from payment of tax by relying upon G.O.Ms.No.3352, Home (Tr-I) Department dated 29.12.1976, and a letter of the first respondent in RT-11036/57/2020-MVL dated 03.02.2023. He made a representation to the respondents on 18.08.2025. As there was no response, he has come forward with the present writ petition.
4. Taking note of the fact that the the petitioner is a physically challenged person, I called upon Mr.L.S.M.Hasan Fizal to get instructions from the respondents.
5. Mr.L.S.M.Hasan Fizal has received instructions from the sixth respondent to the effect that the petitioner has not filed any application for registration of the Motor Vehicle, nor has he made a request for tax exemption so far. He further states that if the petitioner produces the records to demonstrate the following: (i) that he is a physically challenged person; (ii) that the vehicle has been adopted for the use by such persons; and (iii) seeks for tax exemption, the same will be considered and disposed of in terms of G.O.Ms.3352, Home https://www.mhc.tn.gov.in/judis
W.P.No.34505 of 2025 (Tr-I) Department dated 29.12.1976.
6. I have carefully considered the submissions made by both sides and have gone through the records.
7. The petitioner has filed this writ petition without approaching the respondents by way of a proper application. It is not as if the application was made and refused by the sixth respondent. Nonetheless, taking into
consideration that the petitioner is a physically challenged person, the following directions are issued: (i) The petitioner shall produce appropriate forms and applications seeking registration of the vehicle and exemption of tax with the sixth respondent by 19.09.2025. (ii) He shall also produce the vehicle, when so called upon by the 6th respondent. (iii) The 6th respondent shall peruse the records and pass appropriate orders on the same by 10.10.2025. (iv) If the application complies with all the requirements as required by the Motor Vehicles Act and G.O.Ms.3352, Home (Tr-I) Department dated 29.12.1976, the sixth respondent shall register the vehicle and grant exemption which the petitioner would be entitled to in terms of the order. https://www.mhc.tn.gov.in/judis
W.P.No.34505 of 2025
8. With the aforesaid directions, this writ petition is disposed of. No costs.
9. Call this writ petition for compliance on 13.10.2025. 12.09.2025 nl Index:Yes/No Speaking/Non speaking order Neutral Citation : Yes/No To 1.The Secretary to the Government of India, Ministry of Road Transport and Highways Department, No.1, Parliament Street, Transport Bhavan, New Delhi – 110 001. 2.The Secretary to the Government of Tamil Nadu, Tamil Nadu Transport Department, Fort St. George, Chennai – 600 009. 3.The Commissioner, Tamil Nadu State Transport Authority, Chepauk, Chennai – 600 005. 4.The District Collector, Collector Office, Thiruvallur District. 5.The Assistant Commissioner of Transport, Tamil Nadu Transport Department, Thiruvallur District. https://www.mhc.tn.gov.in/judis
W.P.No.34505 of 2025 6.The Regional Transport Officer, Regional Transport Office, Ambattur RTO, Thiruvallur District. https://www.mhc.tn.gov.in/judis
W.P.No.34505 of 2025 V. LAKSHMINARAYANAN. J, nl W.P.No.34505 of 2025 12.09.2025 https://www.mhc.tn.gov.in/judis