IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27937 of 2008(A)
1. HARIDASAN T., S/O. APPU
... Petitioner
Vs
1. REGIONAL TRANSPORT OFFICER
... Respondent
For Petitioner :SRI.G.HARIHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :24/10/2008
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 27937 OF 2008 A
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Dated this the 24th October, 2008
JUDGMENT
Petitioner has approached this Court with the following
prayers:
“(i) Issue a writ of mandamus or any other
appropriate writ commanding the respondent to
accept tax on vehicle No.KL-11/M-718 at the rate
applicable to permit less vehicle, if the vehicle in
question is not issued with any stage carriage
permit.
(ii) Issue a writ of mandamus or any other
appropriate writ commanding the respondent to
accept tax for the vehicle No.KL-11/M-718 for the
quarter commencing from 01.10.2008 at the rate
applicable to stage carriage vehicle so as to enable
the petitioner to produce the vehicle for fitness
test.”
2. According to petitioner, petitioner is the registered
owner of a bus and it is registered as stage carriage vehicle. It
WPC.27937/08 A 2
could not get any stage carriage permit. It was transferred under
the jurisdiction of RTO, Malappuram after getting B Register
NOC from the Sub Regional Transport Office, Ponnani. It is
stated that the fitness certificate of the vehicle expired on
11.06.2007 and there was no permit issued thereafter. The
ownership of the vehicle was transferred in the name of the
petitioner. According to petitioner, Ext.P4 is a Circular issued
by the Transport Commissioner stating that even though no
stoppage intimation was given, lecy of tax shall be made under
Serial No.7 of the Schedule attached to the Motor Vehicle
Taxation Act. It is accordingly that the petitioner has
approached this court.
3. A Statement is filed on behalf of the respondent, inter
alia, producing Ext.R1(a) demand for arrears of tax. It is also
stated that actually in the application received in the name of the
petitioner, the registration number and address do not match and
the vehicle in question, namely KL-10/M-718 stands registered
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in the name of the petitioner. It is also stated that the vehicle
was checked by the Assistant Motor Vehicle Inspector, Sub
Regional Transport Office, Ponnani on 12.4.2007 and that he
detected certain defects. It is further stated as follows:
“Considering all these, a close verification of
the Registration Certificate of the vehicle and
compounding of the pending check report is highly
necessary to consider the request of petitioner.
Accordingly, I have already sent directions to the
petitioner, Sri. Haridasan to produce the
Registration Certificate of the vehicle and to
compound the pending check report.”
4. I heard the learned counsel for the petitioner and the
learned Government Pleader. Learned Government Pleader
submits that the application is being processed and a decision in
accordance with law will be taken. Counsel for petitioner
submits that Ext.R1(a) is not served on the petitioner. The Writ
Petition is disposed of recording the submission of the
Government Pleader that the application is being processed and
a decision in accordance with law will be taken thereon. It is
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further ordered that a copy of Ext.R1(a) will be served on the
petitioner by the respondent within a period of two weeks from
the date of receipt of a copy of this Judgment.
Sd/=
K. M. JOSEPH, JUDGE
kbk.
// True Copy //
PS to Judge