IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 13317 of 2007(I) ------------------------------------ PETITIONER: ------------------- SR.IRENE, MOTHER SUPERIOR, MISSIONARY SISTERS, ST.PETER CLAVER CONVENT P.O.PULLAZHY, OLARIKKARA, THRISSUR. BY ADV. SRI.S.MUHAMMED HANEEFF SRI.JOMMY THARIAN RESPONDENTS: ----------------------- 1. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, THRISSUR. 2. TRANSPORT COMMISSIONER, MOTOR VEHICLES DEPARTMENT, THIRUVANANTHAPURAM. GOVT. PLEADER SRI. K.V.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13317/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF VEHICLE NO. KL08 M 9367. EXT.P2. COPY OF THE ORDER OF THE REGIONAL TRANSPORT OFFICER, THRISSUR DT. 2/06/2004. EXT.P3. COPY OF THE EXTRACT OF THE TAX DETAILS PAYABLE FROM 12/3/99 TO 31/3/2007 DATED NIL. EXT.P4. COPY OF THE JUDGMENT DT. 31/10/2002 FIN OP NO. 17273/2002 ON THE FILE OF THIS COURT. RESPONDENT'S EXHIBITS: EXT.R2A. COPY OF THE CIRCULAR NO. 10/99 DT. 30/10/99. EXT.R2B. COPY OF THE CIRCULAR NO. 7/2000 DT. 18/5/00. True copy Tga ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.13317/2007 ----------------------------------------------------------------- Dated this the 28th day of May, 2008 JUDGMENT The controversy in this writ petition is regarding the validity of Ext.P2. By Ext.P2, the Omini bus belonging to the petitioner bearing registration No.KL-08 M 9367 was asked to be reclassified as private service vehicle and on that basis the petitioner was requested to apply for reclassification and for PSV permit and CF in the prescribed manner. 2. It is seen that this very issue in relation to persons similarly situated like that of the petitioner, has been agitated before this court in a batch of writ petitions. Those writ petitions were disposed of by Ext.P4 judgment where this court has upheld the classification of the vehicles as Omini bus and interfereing with the order requiring its reclassification. 2 3. Learned counsel for the petitioner submits that the judgment of the learned single Judge was also confirmed in writ appeals, that were filed. Counsel has also made available a copy of the judgment in WP(c).No.26528/06, where a learned single Judge has followed Ext.P4 judgment and granted relief to the petitioner therein. 4. In view of this , the writ petition will stand disposed of quashing Exts.P2 and P3 and directing the respondents to retain the classification of the petitioner's vehicle KL-8 M 9367 as Omini bus for private use and recive the tax as applicable in terms of the provisions contained under the Kerala Motor Vehicle Taxation Act, 1976. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 3