IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 27937 of 2008(A) ---------------------------------------------- PETITIONER(S): ---------------------- HARIDASAN T., S/O. APPU THATHAMMAL HOUSE, HOUSE GRAMAM P.O. VELIYANKODU, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------- REGIONAL TRANSPORT OFFICER MALAPPURAM. BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 27937 OF 2008 A -------------------------------------- Dated this the 24th October, 2008 JUDGMENT Petitioner has approached this Court with the following prayers: “(i) Issue a writ of mandamus or any other appropriate writ commanding the respondent to accept tax on vehicle No.KL-11/M-718 at the rate applicable to permit less vehicle, if the vehicle in question is not issued with any stage carriage permit. (ii) Issue a writ of mandamus or any other appropriate writ commanding the respondent to accept tax for the vehicle No.KL-11/M-718 for the quarter commencing from 01.10.2008 at the rate applicable to stage carriage vehicle so as to enable the petitioner to produce the vehicle for fitness test.” 2. According to petitioner, petitioner is the registered owner of a bus and it is registered as stage carriage vehicle. It WPC.27937/08 A 2 could not get any stage carriage permit. It was transferred under the jurisdiction of RTO, Malappuram after getting B Register NOC from the Sub Regional Transport Office, Ponnani. It is stated that the fitness certificate of the vehicle expired on 11.06.2007 and there was no permit issued thereafter. The ownership of the vehicle was transferred in the name of the petitioner. According to petitioner, Ext.P4 is a Circular issued by the Transport Commissioner stating that even though no stoppage intimation was given, lecy of tax shall be made under Serial No.7 of the Schedule attached to the Motor Vehicle Taxation Act. It is accordingly that the petitioner has approached this court. 3. A Statement is filed on behalf of the respondent, inter alia, producing Ext.R1(a) demand for arrears of tax. It is also stated that actually in the application received in the name of the petitioner, the registration number and address do not match and the vehicle in question, namely KL-10/M-718 stands registered WPC.27937/08 A 3 in the name of the petitioner. It is also stated that the vehicle was checked by the Assistant Motor Vehicle Inspector, Sub Regional Transport Office, Ponnani on 12.4.2007 and that he detected certain defects. It is further stated as follows: “Considering all these, a close verification of the Registration Certificate of the vehicle and compounding of the pending check report is highly necessary to consider the request of petitioner. Accordingly, I have already sent directions to the petitioner, Sri. Haridasan to produce the Registration Certificate of the vehicle and to compound the pending check report.” 4. I heard the learned counsel for the petitioner and the learned Government Pleader. Learned Government Pleader submits that the application is being processed and a decision in accordance with law will be taken. Counsel for petitioner submits that Ext.R1(a) is not served on the petitioner. The Writ Petition is disposed of recording the submission of the Government Pleader that the application is being processed and a decision in accordance with law will be taken thereon. It is WPC.27937/08 A 4 further ordered that a copy of Ext.R1(a) will be served on the petitioner by the respondent within a period of two weeks from the date of receipt of a copy of this Judgment. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge