Kerala High Court
M.K.Rajan vs The State Transport Authority on 6 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 1960 OF 2024
PETITIONER:
M.K.RAJAN,
AGED 70 YEARS,
TC 20/1114(1), S/O KUNJIRAMAN,
KARAMANA PO, THIRUVANANTHAPURAM,
(PRESIDENT, ALL INDIA AUTO CONSULTANCY WORKERS
ASSOCIATION, REGNO:TVM/TC/412/2018),
PIN - 695002.
BY ADV. K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE STATE TRANSPORT AUTHORITY,
REPRESENTED BY THE SECRETARY,
TRANS BHAVAN, VAZHUTHACAUD,
THRIUVANTHAPURAM, PIN - 695001.
2 THE TRANSPORT COMMISSIONER,
TRANS BHAVAN, VAZHUTHACAUD,
THRIUVANTHAPURAM, PIN - 695001.
BY ADV.SRI.V.S.SREEJITH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.1960/2024
:2:
JUDGMENT
Dated this the 6th day of June, 2024
The petitioner is the President of All India Auto
Consultancy Workers Association having registration
No.TVM/TC/412/2018. The members of the Association
are person authorised by the owners of the vehicle having
interstate permits, which is to be allowed and issued by the
State Transport Authority.
2. As part of the transportation of goods, the
Government of Kerala have entered into agreement with
the neighboring States Tamil Nadu and Karnataka, to
issue countersignature for 500 goods carriages in respect
of permits issued by the State Transport Authority,
Karnataka as well as State Transport Authority, Tamil
Nadu, enabling to operate in the State of Kerala by way of
extension of the validity of the permit. For operating those
vehicles in this State, the tax is also prescribed at ₹3,000/-
per year. The countersignature will become invalid if the
permit holder failed to remit the said amount for the State
of Kerala.
3. After obtaining permit from the State Transport
Authority, Karnataka as well as State Transport Authority,
Tamil Nadu, the permit holders file application before the
1st respondent for countersignature/extension of validity of
the permit by extending the facility as stated above. But,
the 1st respondent without verifying the existing vacancies
and granting the same, direct the applicant to approach
the State Transport Authority, Tamil Nadu and State
Transport Authority, Karnataka and obtain necessary
permission from them for such facility, which is absolutely
unnecessary improper and without justification.
4. The petitioner's Association, which is a
registered Association approved and accepted by the
Government filed a detailed representation pointing out the
difficulty and delay in issuing the extension of validity of
permit, because of the unnecessary and arbitrary
procedure requesting the 1st respondent to pass necessary
orders of procedure enabling to issue extension of validity
of permit to the applicant depending upon the existing
vacancies. Though Ext.P2 representation was filed for the
consideration of the respondents, the same has not been
considered so far. Hence, the petitioner has filed this writ
petition.
5. Government Pleader entered appearance and
resisted the writ petition. Subject to the conditions of the
reciprocal agreement, the total number of goods, vehicles
for operation on the interstate route between the state of
Kerala and Karnataka on single point tax shall be fixed at
5,000 numbers of such permits issued in each State shall
not exceed 5,000 numbers. There is no sealing on number
of permits where double point tax is applicable.
6. The quota of such Goods Vehicle Permits of
each State are to be counter signed by the other State in
accordance with the proviso to sub-Section (4) of Section
88 of Motor Vehicles Act, 1988 (Central Act 59 of 1988)
shall be 5,000.
7. The Goods Carriages permit holders plying their
vehicles in the reciprocating State with valid counter
signature shall in addition to the Vehicle Tax due to the
home State pay too the reciprocating State a tax of
₹5,000/- for Karnataka and ₹3,000/- for Tamil Nadu per
vehicle per annum which shall be remitted into the account
of State Transport Authority of the respective State through
mutually agreed upon collection and credit arrangements.
8. No refund of tax shall be payable in respect of
vehicles replaced by another vehicle during the year for
which tax is already paid. Countersigned permit shall be
valid only for the period for which the tax is paid under this
agreement and the same stand automatically cancelled, if
tax is not paid. Countersigned permit shall be granted for
plying the vehicles on all motorable roads subject to local
rules or restrictions imposed by the counter State.
9. As per the revised/modified supplementary
agreement with State of Karnataka (S.R.O. No.659/2016),
the number of single point tax/extension of validity permits
were enhanced and limited to 5,000 for vehicles registered
in both Kerala and Karnataka and with the supplementary
agreement with State of Tamil Nadu (S.R.O. No. 648/2008)
the number of single point tax/extension of validity permits
were enhanced and limited to 5,000 for vehicles registered
in both Kerala and Tamil Nadu.
10. Ext.P1 letter was issued to the Secretary, State
Transport Authority, Karnataka was upon the request of
Sri. Jomon K.M. in which he has requested the State
Transport Authority, Kerala to issue a recommendation
letter to State Transport Authority, Karnataka for issuing
E.V. of permit on single point tax basis as per Ext.P1. The
recommendation letter will be issued only when there
exists vacancy. The purpose of recommendation letter of
Home State to the other State is to ensure that the permit
so recommended is well within the number of permits
reciprocally agreed between the States. Hence, the
recommendation from the Home State to the other State is
a condition precedent without which the other State could
not ascertain the limit so fixed for single point taxation E.V.
Permits.
11. The Goods Carriages Permit holders plying their
vehicles in the reciprocating State with valid
countersignature shall in addition to the Vehicle Tax due to
the Home State pay to the reciprocating State, a tax of
₹5,000/- per vehicle per annum which shall be remitted
into the account of State Transport Authority of the
respective State through mutually agreed upon collection
and credit arrangements.
12. Subject to the conditions of the reciprocal
agreement, the total number of goods vehicles for
operation on the Interstate route between the State of
Kerala and Karnataka on single point tax shall be fixed at
10,000 numbers and number of such permits issued in
each State shall not exceed 5,000 numbers. The quota of
such Goods Vehicle Permits of each State to be counter
signed by the other State in accordance with the proviso to
sub-Section (4) of Section 88 of the Motor Vehicles Act,
1988 (Central Act 59 of 1988) shall be 5,000.
13. The counsel for the petitioner would urge that
the reasons advanced in the statement filed by the
respondents are not sustainable.
14. Heard.
15. The contention of the petitioner's Association is
that if the suggestions made by the petitioner are
accepted, that will be convenient not only to the operators
but also to the officials.
16. Considering the facts of the case, I am of the
view that the 1st respondent can consider Ext.P2
representation submitted by the petitioner at the first
instance atleast.
The writ petition is therefore disposed of
directing the 1st respondent to consider Ext.P2
representation submitted by the petitioner and pass
appropriate orders within a period of two months. It is
made clear that this Court has not expressed anything on
merit of the claims made by the petitioner.
Sd/-
N. NAGARESH
JUDGE
SR
APPENDIX OF WP(C) 1960/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF ONE OF SUCH LETTER
DIRECTING THE APPLICANT AND APPROACH
THE SECRETARY STATE TRANSPORT
AUTHORITY KARNATAKA DATED
06.10.2023.
Exhibit P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
03.01.2024.
