Kerala High Court
Nusrath vs Joint Regional Transport Officer on 8 February, 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 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 27102 OF 2019
PETITIONER:
NUSRATH,
AGED 38 YEARS, W/O. ABDUL NAZAR,
VALIYAT HOUSE, VEENALUKAL, PARAPPUR,
MALAPPURAM DISTRICT, PIN - 676 503.
BY ADVS.
SRI. G. HARIHARAN
SRI. PRAVEEN HARIHARAN.
RESPONDENTS:
1 JOINT REGIONAL TRANSPORT OFFICER,
SUB REGISTRAR TRANSPORT OFFICE,
TIRURANGADI - 676 306, MALAPPURAM DISTRICT.
2 TRANSPORT COMMISSIONER
TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
3 DEPUTY TAHSILDAR (RR),
TIRURANGADI - 676 306, MALAPPURAM DISTRICT.
4 VILLAGE OFFICER,
PARAPPUR VILLAGE, PARAPPUR,
TIRURANGADI - 676 503, MALAPPURAM DISTRICT.
BY ADV.
SMT. JASMINE M. M. - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2024, ALONG WITH WP(C).17482/2020, 29725/2018 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27102 OF 2019 and connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 29725 OF 2018
PETITIONER:
NUSRATH,
AGED 37 YEARS, W/O. ABDUL NAZAR,
VALIYAT HOUSE, VEENALUKAL, PARAPPUR,
MALAPPURAM DISTRICT, PIN - 676 503.
BY ADVS.
SRI. G. HARIHARAN
SRI. PRAVEEN HARIHARAN
RESPONDENTS:
1 JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE,
TIRURANGADI - 673 306, MALAPPURAM DISTRICT.
2 DEPUTY TRANSPORT COMMISSIONER,
CENTRAL ZONE-I, AYYANTHOLE, THRISSUR-680003.
3 TRANSPORT COMMISSIONER,
TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695014.
BY ADV.
SMT. JASMINE M. M. - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2024, ALONG WITH WP(C).27102/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27102 OF 2019 and connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 30708 OF 2019
PETITIONER:
NUSRATH,
AGED 38 YEARS, W/O. ABDUL NAZAR,
VALIYAT HOUSE, VEENALUKAL, PARAPPUR,
MALAPPURAM DISTRICT - 676 503.
BY ADVS.
SRI. G. HARIHARAN
SRI. PRAVEEN HARIHARAN
RESPONDENTS:
1 JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE,
TIRURANGADI - 676 306, MALAPPURAM DISTRICT.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM - 676 505.
3 TRANSPORT COMMISSIONER,
TRANS TOWERS,VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
BY ADV.
SMT. JASMINE M. M. - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2024, ALONG WITH WP(C).27102/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27102 OF 2019 and connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945
WP(C) NO. 17482 OF 2020
PETITIONER:
NUSRATH,
AGED 39 YEARS, W/O. ABDUL NAZAR,
VALIYAT HOUSE, VEENALUKAL, PARAPPUR,
MALAPPURAM DISTRICT PIN-676 503.
BY ADVS.
SRI. G. HARIHARAN
SRI. PRAVEEN HARIHARAN
RESPONDENTS:
1 JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE,
TIRURANGADI-676 306, MALAPPURAM DISTRICT.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM DISTRICT PIN-667 505.
3 TRANSPORT COMMISSIONER,
TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014.
BY ADV.
SMT. JASMINE M. M. - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2024, ALONG WITH WP(C).27102/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27102 OF 2019 and connected cases
5
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) Nos. 27102 of 2019, 29725 of 2018, 30708 of 2019 &
17482 of 2020
-------------------------
Dated this the 8th day of February, 2024
JUDGMENT
1. No one put in appearance to press these writ petitions even
on revised call. In view thereof, these writ petitions are dismissed
for non-prosecution.
2. Interim Order, if any, stands vacated.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) NO. 27102 OF 2019 and connected cases
APPENDIX OF WP(C) 27102/2019
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF
VEHICLE NO.KL-65 J-3203 AFTER EFFECTING TRANSFER
OF OWNERSHIP IN THE NAME OF THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.23220/2017 DATED 21.07.2017
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 07.08.2017 PASSED BY
THE 1ST RESPONDENT REITERATING THE STAND MADE IN
EXHIBIT P2 ORDER
EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST
RESPONDENT AGAINST THE PETITIONER VIDE NOTICE
DATED 10.01.2018 DEMANDING A SUM OF RS.72,000/-
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS NO.C2/35976/2017
DATED 26.03.2018 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P6 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED
BY THE REGISTERING AUTHORITY, MANGALORE ADDRESSED
TO THE 1ST RESPONDENT RELATING TO THE VEHICLE
MENTIONED IN EXHIBIT P1
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 09.08.2018 ISSUED BY
THE 2ND RESPONDENT REJECTING THE REVISION PETITION
FILED BY THE PETITIONER
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 28.11.2018
MADE IN W.P.(C).NO. 29725/2018
EXHIBIT P9 TRUE COPY OF THE DEMAND NOTICE DATED 18.01.2019
ISSUED BY THE 1ST RESPONDENT DEMANDING A SUM OF
RS.1,44,000/- FROM THE PETITIONER TOWARDS TAX FOR
THE PERIOD COMMENCING FROM 01.04.2017 TO
31.03.2019 FOR BUS NO.KL-65J-3203
EXHIBIT P10 TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 7 OF THE
RR ACT ISSUED ON 20.08.2019 BY THE 3RD RESPONDENT
ON THE INSTRUCTION OF THE 1ST RESPONDENT
EXHIBIT P11 TRUE COPY OF THE DEMAND NOTICE ISSUED U/S 34 OF
THE RR ACT ISSUED ON 2.08.2019 BY THE DEPUTY
TAHSILDAR (RR), TIRURANGADI ON THE INSTRUCTION OF
THE 1ST RESPONDENT
WP(C) NO. 27102 OF 2019 and connected cases
APPENDIX OF WP(C) 29725/2018
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF
VEHICLE NO.KL-65 J-3203 AFTER EFFECTING
TRANSFER OF OWNERSHIP IN THE NAME OF THE
PETITIONER
EXHIBIT P2 TRUE COPY OF THE JUDGMENT MADE IN WP(C)
NO.23220/2017 DATED 21/7/2017
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 7/8/2017 PASSED
BY THE 1ST RESPONDENT REITERATING THE STAND
MADE IN EXHIBIT P2 ORDER
EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE
1ST RESPONDENT AGAINST THE PETITIONER VIDE
NOTICE DATED 10/1/2018 DEMANDING A SUM OF RS.
72,000/-
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS NO.C2/35976/2017
DATED 26/3/2018 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P6 TRUE COPY OF THE NO OBJECTION CERTIFICATE
ISSUED BY THE REGISTERING AUTHORITY,
MANGALORE ADDRESSED TO THE 1ST RESPONDENT
RELATING TO THE VEHICLE MENTIONED IN EXHIBIT
P1.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 6/6/2018 ISSUED
BY THE DEPUTY TRANSPORT COMMISSIONER CENTRAL
ZONE-I, THRISSUR
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 9/8/2018 ISSUED
BY THE 3RD RESPONDENT REJECTING THE REVISION
PETITION FILED BY THE PETITIONER
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.
335/2014 DATED 27/7/2016
WP(C) NO. 27102 OF 2019 and connected cases
APPENDIX OF WP(C) 30708/2019
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF
VEHICLE NO.KL-65J-3203 AFTER EFFECTING
TRANSFER OF OWNERSHIP IN THE NAME OF THE
PETITIONER
EXHIBIT P2 TRUE COPY OF THE JUDGMENT MADE IN WPC NO.
23220/2017 DATED 21.7.2017
EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE
1ST RESPONDENT AGAINST THE PETITIONER VIDE
NOTICE DATED 10.01.2018 DEMANDING A SUM OF RS.
72,000/-
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO. C2/35976/2017
DATED 26.03.2018 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P5 TRUE COPY OF THE NO OBJECTION CERTIFICATE
ISSUED BY THE REGISTERING AUTHORITY, MANGALORE
ADDRESSED TO THE 1ST RESPONDENT RELATING TO
THE VEHICLE MENTIONED IN EXHIBIT P1
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 09.08.2018 ISSUED
BY THE TRANSPORT COMMISSIONER REJECTING THE
REVISION PETITIONER FILED BY THE PETITIONER
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED
11.10.2018 MADE IN WPC NO. 29725/2018
EXHIBIT P8 TRUE COPY OF THE INTIMATION DATED 29.10.2019
SENT BY SRI. SIDDIQUE REGISTERED OWNER OF BUS
NO. KL-06C-4379
EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 29.10.2019
SUBMITTED BY THE PETITIONER FOR GRANT OF 20
DAYS TEMPORARY PERMIT BEFORE THE 2ND
RESPONDENT
EXHIBIT P10 TRUE PHOTOGRAPH OF THE VEHICLE NO.KL-65J-3203
EXHIBIT P11 TRUE COPY OF THE DEMAND DRAFT NO. 309544 DATED
29.11.2019 FOR RS. 13,650/- ISSUED BY M/S.
CANARA BANK, VENGARA BRANCH IN FAVOUR OF THE
2ND RESPONDENT
WP(C) NO. 27102 OF 2019 and connected cases
EXHIBIT P12 TRUE COPY OF THE DEMAND DRAFT NO. 309545 DATED
09.12.2019 FOR RS. 40,950/- ISSUED BY M/S.
CANARA BANK, VENGARA BRANCH IN FAVOUR OF THE
2ND RESPONDENT
EXHIBIT P13 TRUE COPY OF THE DEMAND DRAFT NO. 309547 DATED
09.12.2019 FOR RS. 27,305/- ISSUED BY M/S.
CANARA BANK, VENGARA BRANCH IN FAVOUR OF THE
2ND RESPONDENT
WP(C) NO. 27102 OF 2019 and connected cases
APPENDIX OF WP(C) 17482/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF
VEHICLE NO.KL-65J-3202 AFTER EFFECTING
TRANSFER OF OWNERSHIP IN THE NAME OF THE
PETITIONER
EXHIBIT P2 TRUE COPY OF THE JUDGMENT MADE IN WPC
NO.23220/2017 DATED 21/07/2017
EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE
1ST RESPONDENT AGAINST THE PETITIONER VIDE
NOTICE DATED 10/01/2018 DEMANDING A SUM OF
RS.72,000/-
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.C2/35976/2017
DATED 26/3/2018 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P5 TRUE COPY OF THE NO OBJECTION CERTIFICATE
ISSUED BY THE REGISTERING AUTHORITY,
MANGALORE ADDRESSED TO THE 1ST RESPONDENT
RELATING TO THE VEHICLE MENTIONED IN EXT. P1
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 9/8/2018 ISSUED
BY THE TRANSPORT COMMISSIONER REJECTING THE
REVISION PETITION FILED BY THE PETITIONER
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED
11/10/2018 MADE IN WPC NO.29725/2018
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED
20/12/2019 MADE IN WPC NO.30708/2019
EXHIBIT P9 TRUE COPY OF THE TAX TOKEN ISSUED BY THE RTO
EVIDENCING RECEIPT OF TAX FOR THE VEHICLE
NO.KL-65J-3203
EXHIBIT P10 TRUE PHOTOGRAPH OF THE VEHICLE MENTIONED IN
EXT P1
EXHIBIT P11 TRUE COPY OF THE JUDGMENT MADE IN COC
NO.540/2020 ON 10/7/20 OF THIS HON'BLE COURT
WP(C) NO. 27102 OF 2019 and connected cases
EXHIBIT P12 TRUE COPY OF THE DEMAND NOTICE NO.NIL DATED
NIL ISSUED BY THE RESPONDENT DEMANDING TAX
FOR THE VEHICLE NO.KL-65J-3202 DEMANDING A
SUM OF RS.1,08,000/- AND RS.54,000/- FOR THE
PERIOD COMMENCING FROM 01/4/2019 TO
30/09/2019 AND FROM 01/01/20 TO 30/09/20
EXHIBIT P13 TRUE COPY OF THE GOVERNMENT ORDER AS
GO(P)NO.27/2020/TRANS DATED 21/05/20 ISSUED
BY THE GOVERNMENT OF KERALA
EXHIBIT P14 TRUE COPY OF THE OBJECTION DATED 25/07/20
FILED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
EXHIBIT P15 TRUE COPY OF THE CIRCULAR NO.9/2020 ISSUED BY
THE TRANSPORT COMMISSIONER ON 4/5/20
EXHIBIT P16 TRUE COPY OF THE LETTER DATED 15/11/2021 SENT
BY THE PRINCIPAL OF FROM IHYA-SUNNA ENGLISH
SCHOOL ON 15/11/2021
EXHIBIT P17 A TRUE COPY OF THE RC STATUS RELATING TO BUS
NO.KL-65J-3203 AS ON 18.01.2023
EXHIBIT P18 A TRUE COPY OF THE JUDGMENT DATED 19.01.2023
MADE IN W.P.(C).NO.1868/2023 BEFORE THIS
HON'BLE COURT
EXHIBIT P19 A TRUE COPY OF THE ORDER DATED 28.01.2023
ISSUED BY THE 1ST RESPONDENT
