Marakkar vs The Regional Transport Officer ...
2021 Latest Caselaw 2931 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                           WP(C).No.2058 OF 2021(F)


PETITIONER:

                 MARAKKAR
                 AGED 50 YEARS
                 S/O.CHERIYA BAVA, MOYNHANTA PURAKKAL HOUSE, CHEERAN
                 KADAPPURAM, PUTHIYAKADAPPURAM P.O., TANUR, PIN-676 302,
                 MALAPPURAM DISTRICT.

                 BY ADV. SRI.SAJU J.VALLYARA

RESPONDENTS:

                 THE REGIONAL TRANSPORT OFFICER (TAXATION OFFICER)
                 MALAPPURAM, CIVIL STATION, MALAPPURAM P.O., PIN-676 505,
                 MALAPPURAM DISTRICT.


OTHER PRESENT:

                 DR THUSHARA JAMES -GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2058 OF 2021(F)

                                   2




                            JUDGMENT

The petitioner has approached this Court with a singular

plea that Ext.P2 request made by him to the respondent - to

receive the idle tax, based on the seating capacity of the vehicle

in question - be directed to be considered and disposed of within

a time frame to be fixed by this Court.

2. In response, Smt.Thushara James, learned

Government Pleader, submitted that there does not appear to be

any legal impediment in doing so; but prayed that this Court

may not make any affirmative declaration as to the entitlement

of the petitioner to any relief and leave it to the competent

Authority to take a decision on it in terms of law.

In the afore circumstances, I order this writ petition

and direct the respondent to take up Ext.P2 request filed

by the petitioner and to dispose of the same, after affording

an opportunity of being heard to him - either physically or

through video conferencing - thus leading to an appropriate

decision thereon and communicate the resultant order to

the petitioner, as expeditiously as is possible but not later WP(C).No.2058 OF 2021(F)

than three weeks from the date of receipt of a copy of this

judgment.

SD/-

                                      DEVAN RAMACHANDRAN

rp                                           JUDGE
 WP(C).No.2058 OF 2021(F)






                                  APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 PHOTOCOPY OF THE REGISTRATION CERTIFICATE IN

RESPECT OF STATE CARRIAGE VEHICLE BEARING REGN.NO.KL-11-R-2070.

EXHIBIT P2 PHOTOCOPY OF THE REQUEST DATED 18.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P2 A PHOTOCOPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2.

EXHIBIT P3 PHOTOCOPY OF THE JUDGMENT IN WPC NO.11908/2020 DATED 17.06.2020.