IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 WP(C).No. 30603 of 2003(R) --------------------------------------- PETITIONER(S): ------------------------ M/S.OASIS TRAVELS, POOVANDAT BUILDING, WARRIAM ROAD, ERNAKULAM, PIN-682 016. REPRESENTED BY ITS BRANCH MANGER, KISHORE KUMAR. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): -------------------------- 1. MOTOR VEHICLE INSPECTOR, MOTOR VEHICLES CHECK POST, IRITTY. 2. STATE OF KERALA, REPRESENTED BY THE TRANSPORT COMMISSIONER, TRANSPORT BHAVAN, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SMT.RANI DIOTHIMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 30603 OF 2003 ===================== Dated this the 25th day of February, 2011 J U D G M E N T What is sought for by the petitioner is the benefit of Ext.P2, an interim order passed by this Court in WP(C) No.22083/2003. In that writ petition, the challenge was against the enhancement of motor vehicles tax for contract carriages. By Ext.P2 order, this court directed that tax be collected at the existing rate along with the enhancement of 25%. 2. According to the petitioner, without giving him the benefit of Ext.P2 order, tax was collected at the revised rate, and therefore, the excess amount collected should be adjusted for the quarter beginning from 1/10/2003. 3. There has not been any interim order in this writ petition. Therefore, by lapse of time, the prayer sought by the petitioner has become infructuous. In that view, the writ petition is closed leaving it open to the petitioner to claim refund, if any excess amount has been paid. ANTONY DOMINIC, JUDGE Rp