Sarath P.S. vs The Additional Registering ...
2021 Latest Caselaw 11461 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                        WP(C).No.8943 OF 2021(P)


PETITIONER/S:

                SARATH P.S.,AGED 27 YEARS
                S/O. SHAJI, PADATHU PARAMBIL HOUSE,
                EROOR SOUTH P.O. THRIPPUNITHURA 682 306.

                BY ADV. SRI.I.DINESH MENON

RESPONDENT/S:

                THE ADDITIONAL REGISTERING AUTHORITY/TAXATION OFFICER
                SUB REGIONAL TRANSPORT OFFICE,
                THRIPPUNITHURA 682 301.



                SMT. THUSHARA JAMES, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8943 OF 2021            2



                              JUDGMENT

Dated this the 8th day of April 2021

Heard both sides.

2. Learned counsel appearing for the petitioner submits

that the vehicle bearing registration No.KL 39 Q 4027 is owned by

him and it was registered on 28.02.2020. However, the RC book

was not issued as the petitioner had not fulfilled the colour code of

that vehicle. Learned counsel appearing for the petitioner submits

that from 01.04.2020 onwards till 31.03.2021, the State

Government has given exemption at different rates to the owners

of the motor vehicle from payment of taxes. However, from

01.04.2021, the motor vehicle taxes is due and payable and

therefore, the petitioner wants to pay the motor vehicle tax for his

vehicle bearing registration No.KL 39 Q 4027 as a contract carriage

vehicle. Learned counsel appearing for the petitioner submits that

the respondent be directed to accept the taxes for this period

without insisting for the Registration Certificate book as the same is

not issued to the petitioner. The petitioner further submits that his

representation at Ext.P6 in respect of other issues be directed to be

decided in a time bound manner.

3. Learned Government Pleader submits that the petitioner

can be directed to pay the taxes on the subject vehicle for the

period from 01.04.2021 to 30.06.2021 and the other issues can be

taken care of by decision on the representation at Ext.P6.

4. In this view of the matter, the writ petition is disposed of

with the following directions:-

The respondent is directed to accept the taxes in respect of

vehicle of the petitioner bearing registration No.KL 39 Q 4027 for

the period from 01.04.2021 to 30.06.2021 at the rate applicable,

without insisting for the RC book. The respondent shall consider

the issuance of fitness certificate in respect of the subject vehicle

on payment of the taxes as directed. The respondent is also

directed to decide the representation at Ext.P6 dated 13.03.2021

submitted by the petitioner within a period of one month from the

date of this judgment. The petitioner should submit a copy of this

judgment to the respondent for compliance.

Sd/-

                                                  A.M.BADAR
ajt                                                 JUDGE





                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE DATA AVAILABLE IN THE SITE

OF THE MOTOR VEHICLE DEPARTMENT AS RELATING TO VEHICLE KL-39 Q 4027.

EXHIBIT P2 TRUE COPY OF THE STA DECISION DATED 9.1.2020.

EXHIBIT P3 TRUE COPY OF THE ' G' FORM FOR PERIOD FROM 01.10.2020.

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 30.9.2020 SHOWING THE REMITTANCE OF FEE FOR G' FORM

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO.

32836/2010 DATED 21.10.2014.

EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 13.3.2021.