Kunjahammad vs The State Of Kerala
2021 Latest Caselaw 9303 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.7172 OF 2021(V)


PETITIONER:

               KUNJAHAMMAD, S/O.KHADER, RAMSEENAS, EDADAKKAD P.O.,
               KANNUR-670 673, (OWNER OF VEHICLE KL 13 AG 1166).

               SRI.I.DINESH MENON

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY SECRETARY, LAW (LEGISLATION A)
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE REGISTERING AUTHORITY/REGIONAL TRANSPORT OFFICER,
               KANNUR, CIVIL STATION P.O., KANNUR-670 001.

               SMT.THUSHARA JAMES-GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7172 OF 2021(V)

                                      2


                                JUDGMENT

Dated this the 19th day of March 2021

I notice that issues identical to the ones impelled in this

writ petition have already been answered by this Court

through Ext.P3 judgment.

2. In fact, the learned Government Pleader,

Smt.Thushara James also agrees that Ext.P3 covers the field.

3. In the afore circumstances, I allow this writ petition

and direct the second respondent to accept tax with respect to

the petitioner's stage carriage vehicle bearing Registration

No.KL-13 AG 1166, based on the seating capacity as per the

schedule to the Kerala Motor Vehicle Taxation Act but not on

the basis of the floor area.

The afore exercise shall be completed by the second

respondent within a period of four weeks from the date of

receipt of a copy of this judgment; and to facilitate the same,

the petitioner is directed to produce a copy of this writ

petition, along with a certified copy of this judgment, before

the said Authority within one week from the date on which this

judgment is received by him.

                                          Sd/- DEVAN RAMACHANDRAN
Stu                                                JUDGE
 WP(C).No.7172 OF 2021(V)






                               APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1          TRUE COPY OF THE REGISTRATION DETAILS OF VEHICLE
                    KL 13 AG 1166.

EXHIBIT P2          TRUE COPY OF THE REQUEST SUBMITTED BY THE

PETITIONER FOR CHANGE OF ENDORSEMENT BASED ON SEATING CAPACITY AS THE VEHICLE WAS REGISTERED ON 15.02.2016 DATED 12.03.2021.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO.5104/2021 DATED 05.03.2021.