Madras High Court Yugei Traders Vs. the District Collector - Court Judgment

SooperKanoon Citationsooperkanoon.com/926530
SubjectConstitution
CourtChennai High Court
Decided OnFeb-17-2012
Case NumberWrit Petition No.3807 of 2012
JudgeM.JAICHANDREN, J.
ActsConstitution of India - Articles 226
AppellantMadras High Court Yugei Traders
RespondentThe District Collector
Appellant AdvocateMr.K.R.Krishnan, Adv.
Respondent AdvocateMr.M.L.Mahendran, Adv.
Excerpt:
this writ petition is filed under article 226 of the constitution of india praying for the issuance of a writ of mandamus directing the second respondent to issue the sale bills with the name and address of the stockyard of the petitioner namely yugei traders, situated at s.no.89/3, measuring an extent of 1.08 acres in vannivedu village, walajah taluk, vellore district in the bills issued by the second respondent for any permitted vehicles namely, lorry, tractor and licensed bullock carts.o r d e r1. mr.m.l.mahendran, the learned government advocate, takes notice for the respondents.2. with the consent of the learned counsels appearing for the parties concerned, this writ petition is taken up for disposal.3. it has been stated that the petitioner is doing business as a dealer in sand and other building materials. the petitioner is a registered dealer in the records of the sales tax department of the government of tamil nadu. since, the bills issued by the second respondent do not contain the names and the addresses of the stock yards, from where the sand is transported, the petitioner is facing hardship, due to certain legal and other related issues, raised by the police and other government officials, while transporting the sand.4. the learned government advocate appearing for the respondents had submitted that this court had been passing orders directing the respondents concerned to issue the bills with the names and the addresses of the stock yards, from where the sand is transported, using the licensed vehicles. one such order, dated 30.9.2011, made in w.p.no.21907 of 2011, has been placed before this court.5. in view of the submissions made by the learned counsels appearing for the parties concerned, the second respondent is directed to issue the sale bills containing the names and the addresses of the registered stock yards belonging to the petitioner, if the sand is transported in licensed or permitted vehicles, subject to the other conditions to be imposed by the respondents, if any, as per law. the writ petition is ordered accordingly. no costs.
Judgment:

This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to issue the sale bills with the name and address of the stockyard of the petitioner namely Yugei Traders, situated at S.No.89/3, measuring an extent of 1.08 acres in Vannivedu village, Walajah Taluk, Vellore District in the bills issued by the second respondent for any permitted vehicles namely, lorry, tractor and licensed bullock carts.

O R D E R

1. Mr.M.L.Mahendran, the learned Government Advocate, takes notice for the respondents.

2. With the consent of the learned counsels appearing for the parties concerned, this writ petition is taken up for disposal.

3. It has been stated that the petitioner is doing business as a dealer in sand and other building materials. The petitioner is a registered dealer in the records of the sales tax department of the government of Tamil Nadu. Since, the bills issued by the second respondent do not contain the names and the addresses of the stock yards, from where the sand is transported, the petitioner is facing hardship, due to certain legal and other related issues, raised by the police and other government officials, while transporting the sand.

4. The learned Government Advocate appearing for the respondents had submitted that this Court had been passing orders directing the respondents concerned to issue the bills with the names and the addresses of the stock yards, from where the sand is transported, using the licensed vehicles. One such order, dated 30.9.2011, made in W.P.No.21907 of 2011, has been placed before this Court.

5. In view of the submissions made by the learned counsels appearing for the parties concerned, the second respondent is directed to issue the sale bills containing the names and the addresses of the registered stock yards belonging to the petitioner, if the sand is transported in licensed or permitted vehicles, subject to the other conditions to be imposed by the respondents, if any, as per law. The writ petition is ordered accordingly. No costs.