IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 OP.No. 38185 of 2001(U) ----------------------- PETITIONER(S): --------------- M/S.JAI NARAYANA TRANSPORT, 5/313, R.G.PAI ROAD, SOUTH CHERLAI, COCHIN.2, ERNAKULAM DISTRICT REP. BY ITS MANAGING PARTNER SRI.DILIP.D.PAI. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): --------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, MATTANCHERRY. 2. THE REGIONAL TRANSPORT OFFICER, ADDITIONAL REGISTERING AUTHORITY, ERNAKULAM. 3. THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KAKKANAD, ERNAKULAM. 4. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF SURFACE TRANSPORT, CENTRAL SECRETARIAT, NEW DELHI 110 001 SPL. GOVT. PLEADER (TAXES) SRI.K.P.PRADEEP ADV. SRI.A.SUDHI VASUDEVAN, ADDL.CGSC FOR R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.62585/2001 IN O.P.NO.38185/2001 DISMISSED. 22-6-2010 SD/- P.N.RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE RELEVANT COPY OF REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-7-AE-6408 EXT.P1(a). TRUE COPY OF THE RELEVANT COPY OF REGISTRATION ERTIFICATE RELATING TO VEHICLE NO.KL-7-AF-8279 EXT.P2. TRUE COPY OF THE CIRCULAR ISSUED BY THE CENTRAL GOVERNMENT DATED 18.10.96 S.O.728 (E). / TRUE COPY / P.S. to JUDGE P.N.RAVINDRAN, J. ----------------------------------------- O.P.No.38185 of 2001 ----------------------------------------- Dated this the 22nd day of June, 2010 JUDGMENT The issue raised in this writ petition is covered against the petitioner by the decision of this court in Jaleel v. State of Kerala, 2002(2) KLT 809. In the light of the said decision the writ petition fails and is accordingly dismissed. It is however, clarified that if pursuant to the interim order passed by this Court on 18-12-2001 on C.M.P. No.62585 of 2001 the petitioner has been operating the vehicles bearing registration Nos.KL-7/AE 6408 and KL-7/AF 8279 with higher load, after obtaining endorsements in the registration certificates, the petitioner shall produce the registration certificates before the concerned Regional Transport Officer for reversal of the endorsements made pursuant to the interim order, with effect from the beginning of the next quarter for which motor vehicles tax is payable by the petitioner under the provisions of the Kerala Motor Vehicles Taxation Act, 1985. In respect of the aforesaid vehicles, from the next quarter the petitioner need only pay tax having regard to the original entry in the registration certificates regarding the gross weight of the vehicle. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P.No.38185 of 2001 ---------------------------- JUDGMENT 22nd June, 2010