IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34397 of 2010(Y)
1. T.S. SUKUMARAN, SAROJA BHAVAN,
... Petitioner
Vs
1. REGIONAL TRANSPORT OFFICER,
... Respondent
2. JOINT REGIONAL TRANSPORT OFFICER,
3. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.P.N.MOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :18/11/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO.34397 OF 2010
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Dated this the 18th day of November, 2010
JUDGMENT
The petitioner is a stage carriage operator on the route Perambra-
Peruvannamoozhi, Poozhithod-Muthukad operating with five stage
carriages. The main grievance of the petitioner is that unmindful of the
statutory inhibitions, certain persons are operating parallel services on the
said route. Though the said aspect was brought to the notice of the
concerned authorities viz., respondents 1 to 3, they are not taking any
effective steps to curb the parallel services being operated by some
unknown persons. The petitioner further contends that being a person,
who is operating the stage carriage service based on the strength of valid
permits, he is bound to pay the quarterly tax. However, his business is
adversely affected by the unauthorised parallel services being operated on
the said route, it is further submitted. Necessarily, when the petitioner
makes such a serious complaint, the authorities are bound to act upon the
same to curb such parallel services. The authorities cannot disuse their
power and in fact, they are bound to take effective steps to curb any such
illegal and unauthorised parallel services. The petitioner has yet another
W.P.(C) NO.34397/2010 2
grievance. Since the respondents have failed to take appropriate steps on
the aforesaid matter, he should be given an extended time for paying the
quarterly tax. I do not think that the inaction on the part of the respondents
on the aforesaid aspect could be a reason for getting extended period for
payment of quarterly tax. When the petitioner is bound to pay the
quarterly tax within a stipulated time, he is bound to pay the same within
the said stipulated period. However, with respect to the grievance raised
by the petitioner regarding unauthorised and illegal operation of parallel
services, the respondents are bound to take effective steps in accordance
with the provisions. Therefore, this Writ Petition is disposed of with a
direction to the respondents to consider the complaints preferred by the
petitioner, viz., Exts.P3 to P6 and to take appropriate actions thereon,
expeditiously.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.34397/2010 3
C.T. RAVIKUMAR, J.
JUDGMENT
September, 2010
W.P.(C) NO.34397/2010 4