Muhammed Anwar vs The Regional Transport Officer
2022 Latest Caselaw 8292 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                          WP(C) NO. 21518 OF 2022
PETITIONER:

              MUHAMMED ANWAR,
              AGED 35 YEARS
              S/O. HAMEER, K.P.HOUSE, KANDILAKKANDY, CHEKKIKULAM,
              THALIPARAMBA, KANNUR DISTRICT. PIN 670592.

              BY ADV O.D.SIVADAS



RESPONDENT:

              THE REGIONAL TRANSPORT OFFICER,
              REGIONAL TRANSPORT OFFICE, CIVIL STATION, KANNUR. PIN
              670 002.


OTHER PRESENT:

              ADV. DR. THUSHARA JAMES (SR GP)




THIS   WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.21518/2022                   2

                              JUDGMENT

The petitioner has approached this Court praying for a direction to

the 1st respondent to consider and pass orders on Ext.P3 request filed by

the petitioner for endorsement of tax of his vehicle bearing registration

No.KL 13-L-457 at the rate of tax applicable to 'non-transport vehicle'. It

is submitted that the vehicle was not used as a stage carriage for the

period after 29.7.2020 as the fitness certificate in respect of the vehicle

had expired.

2. The learned senior Government Pleader appearing for the

respondent would submit that, while the respondent can be directed to

pass orders on Ext.P3, there is no entry in the Schedule to the Motor

Vehicle Taxation Act, which would enable the payment of tax at the rate

applicable to 'non-transport vehicle' in respect of a stage carriage merely

because the fitness certificate/permit had expired.

3. Having regard to the facts and circumstances of the case and

considering the limited nature of the relief sought for by the petitioner,

this writ petition is disposed of directing the respondent to take a

decision on Ext.P3 after affording an opportunity of hearing to the

petitioner. I make it clear that I have not expressed any opinion on the

merits of the matter. It will be open to the respondent to take a decision

in the matter in accordance with law. The decision shall be taken within

a period of one month from the date of receipt of a certified copy of this

judgment.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 21518/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RC PARTICULARS OF PETITIONER'S STAGE CARRIAGE BEARING NO. KL 13/L 457.

Exhibit P2 TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER BY THE RESPONDENT.

Exhibit P3 TRUE COPY OF THE REQUEST DATED 10.06.2022 SUBMITTED BY THE PETITIONER FOR ENDORSEMENT OF TAX AT NTV RATE IN RESPECT OF STAGE CARRIAGE NO. KL 13/1 457.