IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 11398 of 2005(F) -------------------------------------- PETITIONER: --------------------- K.C.ASSAIN, KIZHAKKINAM CHALIL HOUSE, P.O.KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ----------------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. 2. THE ADDITIONAL REGISTERING AUTHORITY, JOINT REGIONAL TRANSPORT OFFICE, KODUVALLY. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11398/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE RELEVANT PORTION OF THE R.C. BOOK OF THE PETITIONER'S VEHICLE NO.KL-11/G 8471. EXT.P2:- COPY OF THE NOTICE DT. 25.1.2005 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P3 SERIES:- COPY OF THE RECEIPTS DT. 21.3.05 EVEIDENCING PAYMENT OF COMPOUNDING FEE. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.11398 of 2005 ---------------------------------------------- Dated 29th August, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers:- “(a) Issue a writ of mandamus or other appropriate writ order or direction to the respondents to refund the excess tax of Rs.3,000/- per quarter collected from the petitioner from the registration of the vehicle on 23.2.1999 till the correction in the R.C. book on 22.9.2003. (b) Declare that the action of the respondents and other motor vehicle department authorities in not permitting to carry load above the gross weight of 25,000 Kgs. after collecting quarterly tax of Rs.9,800/- for the gross vehicle weight of 32,500 Kgs. is illegal and arbitrary.” In case the eligible amounts have not been refunded to the petitioner so far, the petitioner may produce a copy of this judgment along with a copy of the writ petition before the first respondent, in which case appropriate action in accordance with law to refund the excess collection, if any to the petitioner shall be taken within another two months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.11398 of 2005 ---------------------------------------------- J U D G M E N T Dated 29th August, 2008.