M.A.Titto vs State Of Kerala
2021 Latest Caselaw 100 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      WP(C).No.29002 OF 2020(A)


PETITIONER:

               M.A.TITTO
               AGED 52 YEARS
               S/O. M.P. ANTONY, MOYALAN HOUSE, CHENGALLUR (PO),
               MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680 312.

               BY ADVS.
               SRI.PHIJO PRADEESH PHILIP
               SRI.P.V.ANOOP
               SRI.M.P.PRIYESHKUMAR
               SRI.K.V.SREERAJ

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
               PIN-695 001.

      2        THE TRANSPORT COMMISSIONER,
               MOTOR VEHICLES DEPARTMENT, TRANS TOWER,
               VAZHUTHACAUD (PO), THIRUVANANTHAPURAM, PIN-695 014.

      3        THE REGIONAL TRANSPORT OFFICER
               OFFICE OF THE REGIONAL TRANSPORT OFFICER,
               THRISSUR DISTRICT, PIN-680 003.

      4        THE JOINT REGIONAL TRANSPORT OFFICER
               SUB REGIONAL TRANSPORT OFFICER, IRINJALAKUDA,
               THRISSUR DISTRICT, PIN-680 125.




               SMT.THUSHARA JAMES - GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29002 OF 2020                   2

                                 JUDGMENT

The petitioner has approached this Court

asserting that he is the owner of a stage

carriage, bearing Registration No.KL-12-C-

2827, which is registered with the competent

respondent on 17/11/2005. He asserts that

when he remitted the tax applicable, based on

the seating capacity, the Department insisted

that it should be on the floor area and that

this was demanded on the basis of the

amendment effected through the Kerala Finance

Bill, 2016.

2. The petitioner asserts that the

seating capacity of the vehicle is 28 and

that, therefore, he is entitled to the

benefits of the declaration of law as made by

this Court in Exts.P3 to P5 judgments. He,

therefore, prays that the respondents be

directed to receive the applicable tax on his

vehicle as per the unamended provisions of

law.

3. In response to the afore submissions

made on behalf of the petitioner by

Shri.Sreeraj K.V., the learned Government

Pleader, Smt.Thushara James, admitted that

Exts.P3 to P5 are applicable to the facts of

this case and therefore, that the respondents

are agreeable to accept the tax on the

petitioner's vehicle, provided all other

applicable criterion are attracted. She,

therefore, prayed that this writ petition be

ordered on such terms.

In the afore circumstances, I order this

writ petition and direct the 4th respondent -

Joint Regional Transport Officer to accept

the tax applicable to the petitioner's

vehicle based on Exts.P3 to P5 judgments of

this Court, if it is otherwise in order and

if there are no other legal impediments

standing in the way.

To facilitate the above, the petitioner

is directed to approach the 4th respondent

with the applicable tax within a period of

one week from the date of receipt of a copy

of this judgment; in which event, the said

Authority will act in terms of the afore

directions without fail.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/4.1.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF STAGE CARRIAGE NO.KL-12-C-2827.

EXHIBIT P2 TRUE COPY OF THE STAGE CARRIAGE PERMIT OF THE VEHICLE BEARING REG.NO.KL-12-C-2827 DATED 16.1.2020.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 12.7.2018 IN W.A.220 OF 2018 PASSED BY THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 9.3.2020 PASSED BY THIS HON'BLE COURT IN WP(C) NO.7029/2020.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 6.7.2020 PASSED BY THIS HON'BLE COURT IN WPC NO.13130/2020.

RESPONDENT'S/S EXHIBITS:

NIL

MC

                     (TRUE COPY)                PA TO JUDGE