Joseph vs The State Of Kerala Represented By ...
2024 Latest Caselaw 10560 Ker

Kerala High Court

Joseph vs The State Of Kerala Represented By ... on 11 April, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 14829 OF 2024


PETITIONER:

              JOSEPH,
              AGED 70 YEARS, S/O. VARKI,
              EDATTU PADINJAREYIL HOUSE,
              PAYYANADAM P. O., MANNARKKAD, PALAKKAD.
              OWNER OF VEHICLE KL 59 Q 1959, PIN - 678583.

              BY ADV.
                 SRI. LAVARAJ M. G.


RESPONDENTS:

    1         THE STATE OF KERALA REPRESENTED BY SECRETARY
              LAW [LEGISLATION-A] DEPARTMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
              PIN - 695001.

    2         THE REGISTERING AUTHORITY,
              REGIONAL TRANSPORT OFFICER, PALAKKAD,
              REGIONAL TRANSPORT OFFICE, COLLECTORATE P. O.,
              PALAKKAD, PIN - 678001.

    3         THE JOINT REGIONAL TRANSPORT OFFICER,
              TAXATION OFFICER, JOINT REGIONAL TRANSPORT OFFICE,
              MANNARKKAD, PIN - 678582.

              BY ADV.
                 SMT. JASMIN M. M. - GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14829 OF 2024
                                 2




                           JUDGMENT

Dated this the 11th day of January, 2024

The present writ petition has been filed seeking the

following reliefs:

i. issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd and 3rd respondents, to consider Ext.P-4 request for alteration in the endorsement of tax in the RC Book of the petitioner's vehicle KL 59 Q 1959 and to make suitable endorsement of tax based on Seating Capacity basis, taking note of the fact that models of vehicles, within a time frame as this Hon Court may deem fit and proper;

ii. To issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case;

2. The learned counsel for the petitioner submits that the

issue involved in this writ petition is covered by the Division

Bench judgment of this Court in Ext. P2 and Single Bench

judgment in Ext.P5. He further submits that the competent

authority considered Ext.P4 request of the petitioner for WP(C) NO. 14829 OF 2024

alteration in the endorsement of tax in the RC Book in respect

of the petitioner's stage carriage bearing registration No.KL-

59-Q-1959.

3. Considering the said submissions, the present writ

petition is disposed of with a direction to the 2nd and 3rd

respondents to consider and pass orders on Ext.P4 application

of the petitioner, in accordance with law, in the light of the

judgment passed by this Court in W.A. No.220 of 2018 and

other connected writ appeals, as well as the judgment of this

Court in W.P.(C) No.854 of 2017 and other connected writ

petitions dated 22.03.2017.

With the aforesaid directions, the present writ petition

stands disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE AP WP(C) NO. 14829 OF 2024

APPENDIX OF WP(C) 14829/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RC BOOK OF THE PETITIONER'S VEHICLE BEARING REGISTRATION NUMBER KL 59 Q 1959 DATED 27.6.2017

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.A. NO. 220/2018 DATED 12.7.2018

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP[C] NO.854/2017 DATED 22.3.2017

EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 01.04.2024

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN WP[C] NO. 7357 OF 2022 DATED 11.03.2022