M/S.Velappa Travels Private … vs Regional Transport Officer on 19 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1858 of 2009()



1. M/S.VELAPPA TRAVELS PRIVATE LIMITED
                      ...  Petitioner

                        Vs

1. REGIONAL TRANSPORT OFFICER
                       ...       Respondent

                For Petitioner  :SRI.BINOY VASUDEVAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :19/08/2009

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                       C. K. ABDUL REHIM, JJ.
                  --------------------------------------------
                        W.A. No. 1858 OF 2009
                  --------------------------------------------
                Dated this the 19th day of August, 2009

                               JUDGMENT

Ramachandran Nair, J.

Appeal is filed challenging the judgment of the learned single

Judge prohibiting the appellant from operating the vehicle for the

reason that it was fitted with more than the number of seats permitted

under the certificate of registration and permit issued. It is seen from

Ext.R1 check report that when vehicle was inspected it was found to be

fitted with 29 seats and in fact 29 persons were seated in the vehicle. If

these are the facts, then certainly the appellant will be liable to pay

arrears of tax and hereafter registration and RC require modification

with revised endorsement of tax. However, if it is a matter of fixing

additional sets for temporary operation for a day for the requirement of

the party, we feel the appellant can revert it’s vehicle to the original

shape so that at least in future liability can be avoided. In the

circumstances, W.A. is disposed of with the following directions. The

RTO will examine whether the vehicle has sufficient space and

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capacity to fix another 10 seats and if possible he will certainly issue

permit for such higher capacity and demand tax based on seating

capacity 29.. On the other hand, if the vehicle is intrinsically designed

as a 19 seater and what the appellant has done was only a temporary

measure, then the RTO will retain registration for 19 seater, which of

course should be done after collecting arrears, if the check report is

found to be correct. The RTO will decide the issue based on the above

observation. However, RTO will permit the appellant to operate the

vehicle on appellant remitting Rs. 25,000/- towards arrears of tax until

the issue is finally decided and thereafter depending upon the decision

of the RTO, balance due will be recovered or excess paid will be

refunded. If the seating capacity is restored to the original number of

19 seats, then RTO should arrange for periodical inspection of the

vehicle during operation and if at any point of time, violation is

noticed, he will cancel the permit.

(C.N.RAMACHANDRAN NAIR)
Judge.

(C. K. ABDUL REHIM)
Judge.

kk

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