IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 34397 of 2010(Y) --------------------------------------- PETITIONER(S): ------------------------ T.S. SUKUMARAN, SAROJA BHAVAN, AVADUKKA.P.O., PERUVANNAMOOZHI, KOZHIKODE DISTRICT. BY ADV. SRI.P.N.MOHANAN, SMT.I.VINAYAKUMARI. RESPONDENT(S): -------------------------- 1. REGIONAL TRANSPORT OFFICER, VADAKARA, PIN-673 101. 2. JOINT REGIONAL TRANSPORT OFFICER, QUILANDY, PIN-673 620. 3. CIRCLE INSPECTOR OF POLICE, PERUVANNAMOOZHI, KOZHIKODE DISTRICT, PIN-673 001. R1 TO R3 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.34397 OF 2010 -------------------------------------------- Dated this the 18th day of November, 2010 JUDGMENT The petitioner is a stage carriage operator on the route Perambra- Peruvannamoozhi, Poozhithod-Muthukad operating with five stage carriages. The main grievance of the petitioner is that unmindful of the statutory inhibitions, certain persons are operating parallel services on the said route. Though the said aspect was brought to the notice of the concerned authorities viz., respondents 1 to 3, they are not taking any effective steps to curb the parallel services being operated by some unknown persons. The petitioner further contends that being a person, who is operating the stage carriage service based on the strength of valid permits, he is bound to pay the quarterly tax. However, his business is adversely affected by the unauthorised parallel services being operated on the said route, it is further submitted. Necessarily, when the petitioner makes such a serious complaint, the authorities are bound to act upon the same to curb such parallel services. The authorities cannot disuse their power and in fact, they are bound to take effective steps to curb any such illegal and unauthorised parallel services. The petitioner has yet another W.P.(C) NO.34397/2010 2 grievance. Since the respondents have failed to take appropriate steps on the aforesaid matter, he should be given an extended time for paying the quarterly tax. I do not think that the inaction on the part of the respondents on the aforesaid aspect could be a reason for getting extended period for payment of quarterly tax. When the petitioner is bound to pay the quarterly tax within a stipulated time, he is bound to pay the same within the said stipulated period. However, with respect to the grievance raised by the petitioner regarding unauthorised and illegal operation of parallel services, the respondents are bound to take effective steps in accordance with the provisions. Therefore, this Writ Petition is disposed of with a direction to the respondents to consider the complaints preferred by the petitioner, viz., Exts.P3 to P6 and to take appropriate actions thereon, expeditiously. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.34397/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.34397/2010 4