Narayanan vs Joint Regional Transport Officer ...
2023 Latest Caselaw 3417 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
      FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                      WP(C) NO. 10434 OF 2023
PETITIONER:

          NARAYANAN
          S/O. AYYAPPAN, POTHUMBUCHIRAKKAL HOUSE, ANURULI,PULLUR
          THRISSUR DISTRICT,KERALA-, PIN - 680683

          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          V.R.SANJEEV KUMAR
          GENTLE C.D.



RESPONDENT:

          JOINT REGIONAL TRANSPORT OFFICER (TAXATION OFFICER)
          SUB-REGIONAL TRANSPORT OFFICE, IRINJALAKUDA
          IRINJALAKUDA, THRISSUR DISTRICT KERALA, PIN - 680125

          DR THUSHARA JAMES, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10434 OF 2023             2


                            T.R. RAVI, J.
             --------------------------------------------
                     W.P.(C).No.10434 of 2023
              --------------------------------------------
               Dated this the 24th day of March, 2023


                             JUDGMENT

Admit. Government Pleader takes notice for the respondent.

2. The prayer in the writ petition is for a direction to the

respondent to re-fix the motor vehicle tax structure of the vehicle

mentioned in Ext.P1 as requested for in Ext.P3 and considering the

dictum laid down by this Court in Shaiju vs. Joint RTO reported in

2017 (4) KLT 691, which has been confirmed by a Division Bench in

Joint Regional Transport Officer (Taxation Officer) vs. Shaiju

reported in 2018 (3) KLT 1066. Ext.P4 is a judgment which is

rendered following the above said judgment.

In view of the limited prayer made, this writ petition is disposed

of directing the respondent to consider and pass orders on Ext.P3 in

the light of the judgment of this Court in Joint Regional Transport

Officer (Taxation Officer) vs. Shaiju reported in 2018 (3) KLT

1066 and other similar cases. The decision shall be taken within six

weeks from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE LEK

APPENDIX OF WP(C) 10434/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF BUS. NO. . KL-45-J-8907

Exhibit P2 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT DATED 29.09.2018 ISSUED BY THE JOINT RTA, IRINJALAKUDA IN THE NAME OF THE PETITIONER WHICH IS VALID UP TO 07.10.2023 RELATING TO BUS NO. KL-45-J-

Exhibit P3 TRUE COPY OF THE REQUEST DATED 21.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Exhibit P4 TRUE COPY OF THE ONE SUCH JUDGMENT MADE IN W.P.(C).NO.29712/2022 DATED 27.09.2022