Kerala High Court
Abdul Salam.T vs The Secretary, Regional Transport ... on 27 June, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 23049 OF 2024
PETITIONER:
ABDUL SALAM.T.,
AGED 42 YEARS
S/O. SOOPY, THEYYAN MAVADHUKKAL, THIRUVAMBADI,
KOZHIKODE,, PIN - 673 603.
BY ADV O.D.SIVADAS
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
(REGIONAL TRANSPORT OFFICER) CIVIL STATION,
KOZHIKODE,, PIN - 673 020.
BY ADV. JASMIN M.M, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.23049 OF 2024
: 2 :
JUDGMENT
The petitioner is the owner of stage carriage bearing registration No.KL 34/D 1512. The stage carriage was operating on the strength of temporary permit which expired on 11.07.2022. The petitioner states that after the expiry of the permit, he has not put the vehicle on use. The petitioner further states that since the vehicle was not operated for want of permit, he is not liable to pay tax at the rate applicable to stage carriage rate. Accordingly, the petitioner submitted Ext.P3 request to the respondent seeking endorsement of tax at Non- Transport Rate as per Clause 15 of the Schedule to the M.V. Taxation Act (NTV rate). The grievance of the petitioner is that the respondent has not so far considered Ext.P3 request. Accordingly, this writ WP(C) NO.23049 OF 2024 : 3 : petition is filed for expeditious disposal of Ext.P3.
2. Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondent.
In the facts and circumstances of the case, there will be a direction to the respondent to consider Ext.P3 request, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that, this Court has not expressed any opinion on the merits of Ext.P3.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.23049 OF 2024 : 4 : APPENDIX OF WP(C) 23049/2024 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE PARTICULARS OF THE VEHICLE NO.
KL 34/D 1512.
EXHIBIT P2 THE COPY OF THE TEMPORARY PERMIT ISSUED TO THE ABOVE VEHICLE BY THE RESPONDENT ON 24.06.2022. EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 10.06.2024 FOR ENDORSEMENT OF TAX AT NON-TRANSPORT RATE SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. 1.