IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31878 of 2011(H) -------------------------- PETITIONER(S): --------------- THE KERALA STATE PRIVATE BUS OPERATOR'S FEDERATION, REGISTER NO.609/1993, REPRESENTED BY ITS PRESIDENT, M.B.SATHYAN, S/O. BAHULEYAN, AGED 51 YEARS, MULLOOR HOUSE, ESI ROAD, ERNAKULAM, KOCHI-18. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001. 2. TRANSPORT COMMISSIONER, COMMISSIONER OFFICE, THIRUVANANTHAPURAM 695001. 3. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, ERNAKULAM 682030. 4. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, MUVATTUPUZHA 686661. 5. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, ALAPPUZHA 688001. 6. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, KOTTAYAM 686001. 7. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, IDUKKI, KUILMALA, COLLECTORATE, IDUKKI 685603. BY GOVT. PLEADER SRI.MANOJ KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 31878/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1 : TRUE COPY OF G.O.(P)NO.60/2011/TRAN ISSUED A NOTIFICATION PERMITTING THE STAGE CARRIAGE OWNERS TO REMIT THE QUARTERLY TAX ON 29.11.2011. EXT.P2 : TRUE COPY OF THE REPRESENTATION DTD.28.11.2011 FILED BEFORE THE HON'BLE MINISTER FOR FINANCE. EXT.P2(a): TRUE COPY OF THE REPRESENTATION DTD.28.11.2011 FILED BEFORE THE HON'BLE MINISTER FOR TRANSPORT. RESPONDENT'S EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31878 OF 2011 -------------------------- Dated this the 30th day of November, 2011 J U D G M E N T The petitioner is the Kerala State Private Bus Operators Federation represented by its President. By Ext.P1 notification dated 14.11.2011 the State Government granted stage carriage operators time till 29th November, 2011 to remit the tax due in respect of their stage carriages for the quarter ending with 14.11.2011. This writ petition is filed contending that in view of the call for harthal in Idukki District on 28.11.2011 and in Ernakulam, Kottayam, Alappuzha and Idukki Districts on 29.11.2011, the members of the petitioner association could not avail the benefit of Ext.P1 and therefore the Government should be directed to extend the time for remittance of the quarterly tax till 1.12.2011. 2. When the writ petition came up for admission hearing yesterday, it was adjourned to this day to enable the learned Government Pleader to get instructions. When the writ petition came up for hearing today, Sri.Manoj Kunjachan, the learned WPC No.31878/2011 2 Government Pleader appearing for the respondents submitted on instructions that the Government will enlarge the time fixed for remittance of the quarterly tax till 1.12.2011 having regard to the peculiar facts on the basis on which the petitioner has come to this Court. The writ petition is accordingly disposed of recording the said submission and with a direction to the respondents to receive the tax due in respect of the stage carriage for the quarter ending with 14.11.2011 without penalty, if tendered for payment on or before 1.12.2011. Registry is directed to issue a certified copy of this judgment to the learned counsel on both sides if applied for today itself. P.N.RAVINDRAN, (JUDGE) vps WPC No.31878/2011 3