IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WA.No. 1858 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19793/2009 Dated 03/08/2009 .................... APPELLANT(S): -------------- M/S. VELAPPA TRAVELS PRIVATE LTD., KUNNARTHURMED, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR, T.V. SANKARANARAYANAN, SON OF LATE BHASKARAN, AGED 64 YEARS, THOZHUTHUMPARAMBIL HOUSE, KANAYAM P.O., SHORANUR 5 BY ADV. SRI.BINOY VASUDEVAN RESPONDENT(S): --------------- REGIONAL TRANSPORT OFFICER, PALAKKAD. BY G.P.SRI. MOHAMMED RAFFIQ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- W.A. No. 1858 OF 2009 -------------------------------------------- Dated this the 19th day of August, 2009 JUDGMENT Ramachandran Nair, J. Appeal is filed challenging the judgment of the learned single Judge prohibiting the appellant from operating the vehicle for the reason that it was fitted with more than the number of seats permitted under the certificate of registration and permit issued. It is seen from Ext.R1 check report that when vehicle was inspected it was found to be fitted with 29 seats and in fact 29 persons were seated in the vehicle. If these are the facts, then certainly the appellant will be liable to pay arrears of tax and hereafter registration and RC require modification with revised endorsement of tax. However, if it is a matter of fixing additional sets for temporary operation for a day for the requirement of the party, we feel the appellant can revert it's vehicle to the original shape so that at least in future liability can be avoided. In the circumstances, W.A. is disposed of with the following directions. The RTO will examine whether the vehicle has sufficient space and 2 capacity to fix another 10 seats and if possible he will certainly issue permit for such higher capacity and demand tax based on seating capacity 29.. On the other hand, if the vehicle is intrinsically designed as a 19 seater and what the appellant has done was only a temporary measure, then the RTO will retain registration for 19 seater, which of course should be done after collecting arrears, if the check report is found to be correct. The RTO will decide the issue based on the above observation. However, RTO will permit the appellant to operate the vehicle on appellant remitting Rs. 25,000/- towards arrears of tax until the issue is finally decided and thereafter depending upon the decision of the RTO, balance due will be recovered or excess paid will be refunded. If the seating capacity is restored to the original number of 19 seats, then RTO should arrange for periodical inspection of the vehicle during operation and if at any point of time, violation is noticed, he will cancel the permit. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3