Anvar Sadath.P vs National Informatics Centre
2021 Latest Caselaw 19446 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943

                   WP(C) NO. 18054 OF 2021

PETITIONER:

          ANVAR SADATH.P
          S/O.MUHAMMED KUNHI O.T.,
          PUZHAKKARA HOUSE,
          BHEEMANADI VILLAGE, OTTAPADAVU,
          CHEEMENI,
          KASARGOD DISTRICT, PIN-671313.
          BY ADVS.
          SRI.G.HARIHARAN
          SRI.PRAVEEN H.


RESPONDENTS:

    1     NATIONAL INFORMATICS CENTRE
          CIVIL STATION, THRIKKAKARA,
          KAKKANAD, ERNAKULAM DISTRICT-682030,
          REPRESENTED BY ITS AUTHORIZED OFFICER.
    2     TRANSPORT COMMISSIONER,
          2ND FLOOR, TRANS TOWER, VAZHUTHACAUD,
          THIRUVANANTHAPURAM-695014.
    3     JOINT REGIONAL TRANSPORT OFFICER,
          SUB REGIONAL TRANSPORT OFFICE,
          NEAR TOWN HALL, KANHANGAD,
          KASARAGOD DISTRICT-671315.
    4     SHAJIMON.H,
          S/O.P.K.HAKKIM,
          KARIMATTAM HOUSE,
          PANAMPALAM MURI, ARPOOKKARA VILLAGE,
          KOTTAYAM DISTRICT-686008.
    5     K.M.MOHAMMEDKUTTY,
 W.P.(C) No.18054/21                 -:2:-


              S/O.LATE K.K.MAKKAR,
              "SHINEST HOUSE",
              VELOOR VILLAGE, KOTTAYAM TALUK,
              KOTTAYAM DISTRICT.


              BY DR.THUSHARA JAMES, SR.GOVT. PLEADER

       THIS     WRIT    PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON    16.09.2021,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.18054/21                 -:3:-



                     BECHU KURIAN THOMAS, J.
                        ------------------------------------
                        W.P.(C) No.18054 of 2021
                       --------------------------------------
                Dated this the 16th day of September, 2021

                               JUDGMENT

Petitioner is the registered owner of the lorry bearing

registration No.KL 60P 3580. The writ petition was filed seeking to

withdraw the blacklisting made against the said vehicle and and for

accepting the motor vehicles tax.

2. Adv.Thushara James, learned Senior Government Pleader,

upon instructions from the 3rd respondent, submits that the 3 rd

respondent has no knowledge regarding any blacklisting of the

petitioner's vehicle.

3. Irrespective of whether the vehicle is blacklisted or not, it is

submitted that there is no bar for the motor vehicle tax to be paid.

The question whether the vehicle has been blacklisted or not need

not be considered at this stage in view of the above submission.

4. It is submitted by the learned counsel for the petitioner that

the motor vehicle tax for the lorry bearing registration No.KL 60P

3580 for the period ending on 30.9.2021 is not being received by the

3rd respondent. The learned Senior Government Pleader upon

instructions submitted that the vehicle is not known to be within the

jurisdiction of the 3rd respondent.

5. As is seen from Ext.P1 registration certificate of the vehicle,

it is registered with the Regional Transport Officer, Kanhangad. In

such a view of the matter, petitioner is directed to make the payment

of motor vehicle tax for the vehicle bearing registration No.KL 60P

3580 before the 3rd respondent within a period of 7 days from today.

If such payment is made, the 3rd respondent shall accept the motor

vehicle tax so tendered, if the vehicle comes within the jurisdiction of

the 3rd respondent.

The writ petition is disposed of with the above direction.

Sd/-

BECHU KURIAN THOMAS JUDGE vps

APPENDIX OF WP(C) 18054/2021

PETITIONER'S/S' EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE NO.KL-60 P-3580.

Exhibit P2               TRUE COPY OF THE SALE AGREEMENT DATED
                         24.11.2020    EXECUTED    BETWEEN  THE
                         PETITIONER AND THE 4TH RESPONDENT.
Exhibit P3               TRUE    COPY   OF   THE    REGISTRATION

PARTICULARS OF VEHICLE NO.KL-60 P-3680 EVIDENCING BLACK LISTING BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE FIR REGISTERED AS CRIME NO.994/2021 BEFORE THE KOTTAYAM WEST POLICE STATION ON 18.05.2021.

Exhibit P5               TRUE COPY OF THE ORDER PASSED BY HON'BLE
                         COURT    OF   SESSIONS,    KOTTAYAM    IN
                         CRL.M.P.NO.1102/2021      IN        CRIME

NO.994/2021 OF KOTTAYAM WEST POLICE STATION ON 05.08.2021.

Exhibit P6 TRUE COPY OF THE NOTIFICATION DATED 25.09.2020 ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS AS GSR 584 (E).