Kerala High Court
Joseph vs The State Of Kerala Represented By ... on 11 April, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14829 OF 2024
PETITIONER:
JOSEPH,
AGED 70 YEARS, S/O. VARKI,
EDATTU PADINJAREYIL HOUSE,
PAYYANADAM P. O., MANNARKKAD, PALAKKAD.
OWNER OF VEHICLE KL 59 Q 1959, PIN - 678583.
BY ADV.
SRI. LAVARAJ M. G.
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY SECRETARY
LAW [LEGISLATION-A] DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE REGISTERING AUTHORITY,
REGIONAL TRANSPORT OFFICER, PALAKKAD,
REGIONAL TRANSPORT OFFICE, COLLECTORATE P. O.,
PALAKKAD, PIN - 678001.
3 THE JOINT REGIONAL TRANSPORT OFFICER,
TAXATION OFFICER, JOINT REGIONAL TRANSPORT OFFICE,
MANNARKKAD, PIN - 678582.
BY ADV.
SMT. JASMIN M. M. - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14829 OF 2024
2
JUDGMENT
Dated this the 11th day of January, 2024 The present writ petition has been filed seeking the following reliefs:
i. issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd and 3rd respondents, to consider Ext.P-4 request for alteration in the endorsement of tax in the RC Book of the petitioner's vehicle KL 59 Q 1959 and to make suitable endorsement of tax based on Seating Capacity basis, taking note of the fact that models of vehicles, within a time frame as this Hon Court may deem fit and proper;
ii. To issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case;
2. The learned counsel for the petitioner submits that the issue involved in this writ petition is covered by the Division Bench judgment of this Court in Ext. P2 and Single Bench judgment in Ext.P5. He further submits that the competent authority considered Ext.P4 request of the petitioner for WP(C) NO. 14829 OF 2024 3 alteration in the endorsement of tax in the RC Book in respect of the petitioner's stage carriage bearing registration No.KL- 59-Q-1959.
3. Considering the said submissions, the present writ petition is disposed of with a direction to the 2nd and 3rd respondents to consider and pass orders on Ext.P4 application of the petitioner, in accordance with law, in the light of the judgment passed by this Court in W.A. No.220 of 2018 and other connected writ appeals, as well as the judgment of this Court in W.P.(C) No.854 of 2017 and other connected writ petitions dated 22.03.2017.
With the aforesaid directions, the present writ petition stands disposed of.
Sd/-
DINESH KUMAR SINGH JUDGE AP WP(C) NO. 14829 OF 2024 4 APPENDIX OF WP(C) 14829/2024 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE RC BOOK OF THE PETITIONER'S VEHICLE BEARING REGISTRATION NUMBER KL 59 Q 1959 DATED 27.6.2017 EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.A. NO. 220/2018 DATED 12.7.2018 EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP[C] NO.854/2017 DATED 22.3.2017 EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 01.04.2024 EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN WP[C] NO. 7357 OF 2022 DATED 11.03.2022