Kerala High Court
Shujain Majeed A. T vs The Regional Transport Officer on 28 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 19115 OF 2024
PETITIONER/S:
SHUJAIN MAJEED A. T
AGED 40 YEARS
S/O. ABDULLA A.K., RESIDING AT MURSHIDA,
MANZIL, MORAZHA, ANCHAMPEEDIKA
P.O.,TALIPARAMBA, KANNUR DISTRICT- 670141.
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. MOHAMMED ANAZ .T., AGED 39 YEARS, S/O.
ABDUL MAJEED POOVANKULAM THOTTAM, "SHANUS" NEAR
MINI STADIUM, MANNA, VALAPATTANAM P.O., KANNUR
DISTRICT, PIN - 670010
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
B.R.SINDU
V.R.SANJEEV KUMAR
V.ROHITH
AFNA V.P.
RESPONDENTS:
1 THE REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
EDAPALLY-PANVEL HIGHWAY, KANNUR, PIN - 670002
2 THE DEPUTY TRANSPORT COMMISSIONER (NORTH ZONE),
CIVIL STATION, CIVIL STATION P.O, MALAPARAMBA,
KOZHIKKODE, PIN - 673020
3 TRANSPORT COMMISSIONER
MOTOR VEHICLE HEAD QUARTERS, TRANS TOWERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
BY G.P. SMT. JASMIN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) 19115 of 2024 2
JUDGMENT
The petitioner is the owner of a 2019 model Ashok
Leyland contract carriage bus bearing Registration
No.KL-13AP-0599. The petitioner has filed this Writ
Petition for the following reliefs:
(i) "Issue a writ of certiorari or any other
appropriate writ or order quashing Exhibit P12
order issued by the 2nd respondent rejecting
Exhibit P10 appeal filed by the petitioner without
proper application of mind.
(ii) Issue a writ of mandamus or any other
appropriate writ or order commanding the 1st
respondent to refund the amount of tax collected
from the petitioner for the period 01.03.2023 to
30.09.2023 relating to vehicle No.KL-13AP-0599.
(iii) Petitioner may be permitted to dispense with
the filling of translation of the vernacular
documents.
And
(iv) To pass such other orders or reliefs as this
Hon'ble court deems fit in the interest of justice.
2. The learned Government Pleader submits that
against Ext.P12 order impugned in this Writ Petition, a
revision lies to the Transport Commissioner, the 3 rd
respondent, under Section 24 of the Motor Vehicles
Taxation Act.
3. Since the issue raised in this Writ Petition
involves certain questions of facts regarding the period
of garaging of the vehicle, I feel it is appropriate for
the petitioner to avail the statutory remedy.
Accordingly, this Writ Petition is disposed of without
prejudice to the right of the petitioner to file a revision
petition against Ext.P12 order before the 3rd
respondent. In case, a revision petition is filed within
period of ten days from today, the same shall be
considered and disposed of by the 3 rd respondent
WP(C) 19115 of 2024 4
within a period of two months from the date of filing
the revision petition.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-
APPENDIX OF WP(C) 19115/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTRATION
CERTIFICATE RELATING TO BUS NO.KL-13AP-
Exhibit P2 A TRUE COPY OF THE CONTRACT CARRIAGE
PERMIT ISSUED BY THE RTA, KANNUR IN THE
NAME OF THE PETITIONER RELATING TO
VEHICLE NO.KL-13AP-0599 ON 29.06.2021
Exhibit P3 A TRUE COPY OF THE CERTIFICATE DATED
05.09.2023 ISSUED BY THE M/S S.M.
KANNAPPA AUTOMOBILES (P) LTD.,
BANGALORE EVIDENCING GARAGING OF THE
VEHICLE MENTIONED IN EXHIBIT.P1 W.E.F.
01.03.2023 ONWARDS
Exhibit P4 A TRUE COPY OF THE ESTIMATE BILL DATED
10.03.2023 ISSUED BY M/S S.M. KANNAPPA
AUTOMOBILES (P) LTD.,
Exhibit P5 A TRUE COPY OF THE CIRCULAR NO.28/2003
DATED 17.07.2003 ISSUED BY THE 3RD
RESPONDENT
ExhibitP 6 A TRUE COPY OF THE REQUEST DATED
08.08.2023 SENT BY THE PETITIONER
ADDRESSED TO THE RESPONDENT
Exhibit P7 A TRUE COPY OF THE JUDGMENT MADE IN
W.P.(C) NO.30897/2023 ON 20.09.2023
Exhibit P8 A TRUE COPY OF THE SERVICE VERIFICATION
AND ENQUIRY REPORT DATED 13.10.2023
SUBMITTED BY THE ASSISTANT MOTOR
VEHICLE INSPECTOR, SUB REGIONAL
TRANSPORT OFFICE, KANNUR
Exhibit P9 A TRUE COPY OF THE COMMUNICATION DATED
20.10.2023 ISSUED BY THE 1ST RESPONDENT
REQUIRING THE PETITIONER TO PAY THE TAX
ARREARS FROM 01.04.2023 ONWARDS
Exhibit P10 . A TRUE COPY OF THE MEMORANDUM OF
APPEAL DATED 18.11.2023 ALONG WITH STAY
PETITION FILED BEFORE THE 2ND
RESPONDENT
Exhibit P11 A TRUE COPY OF THE RECEIPT DATED
09.02.2024 ON PAYMENT OF OF
RS.5,33,200/-
Exhibit P12 A TRUE COPY OF THE ORDER DATED
21.03.2024 IN PROCEEDINGS
NO.NZB/141/2023-E.DTC NZ BY THE 2ND
RESPONDENT REJECTING EXHIBIT.P10 APPEAL
