Abdul Salam.T vs The Secretary, Regional Transport ...
2024 Latest Caselaw 18576 Ker

Kerala High Court

Abdul Salam.T vs The Secretary, Regional Transport ... on 27 June, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

        THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946

                           WP(C) NO. 23049 OF 2024

PETITIONER:

              ABDUL SALAM.T.,
              AGED 42 YEARS
              S/O. SOOPY, THEYYAN MAVADHUKKAL, THIRUVAMBADI,
              KOZHIKODE,, PIN - 673 603.

              BY ADV O.D.SIVADAS



RESPONDENT:

              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
              (REGIONAL TRANSPORT OFFICER) CIVIL STATION,
              KOZHIKODE,, PIN - 673 020.

              BY ADV. JASMIN M.M, GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.23049 OF 2024

                                   : 2 :



                             JUDGMENT

The petitioner is the owner of stage carriage bearing

registration No.KL 34/D 1512. The stage carriage was

operating on the strength of temporary permit which

expired on 11.07.2022. The petitioner states that after

the expiry of the permit, he has not put the vehicle on

use. The petitioner further states that since the vehicle

was not operated for want of permit, he is not liable to

pay tax at the rate applicable to stage carriage rate.

Accordingly, the petitioner submitted Ext.P3 request to

the respondent seeking endorsement of tax at Non-

Transport Rate as per Clause 15 of the Schedule to the

M.V. Taxation Act (NTV rate). The grievance of the

petitioner is that the respondent has not so far

considered Ext.P3 request. Accordingly, this writ WP(C) NO.23049 OF 2024

petition is filed for expeditious disposal of Ext.P3.

2. Heard the learned Counsel for the petitioner

and the learned Government Pleader for the respondent.

In the facts and circumstances of the case, there will

be a direction to the respondent to consider Ext.P3

request, as expeditiously as possible, at any rate, within

a period of one month from the date of receipt of a

copy of this judgment. It is made clear that, this Court

has not expressed any opinion on the merits of Ext.P3.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.23049 OF 2024

APPENDIX OF WP(C) 23049/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PARTICULARS OF THE VEHICLE NO.

KL 34/D 1512.

EXHIBIT P2 THE COPY OF THE TEMPORARY PERMIT ISSUED TO THE ABOVE VEHICLE BY THE RESPONDENT ON 24.06.2022.

EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 10.06.2024 FOR ENDORSEMENT OF TAX AT NON-TRANSPORT RATE SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. 1.