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M.Abdul Nazar v. the Regional Transport Officer,Kozhikode

Kerala HC15 Jan 2010WP(C)/512/2010

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the Regional Transport Officer, Kozhikode, to release the petitioner's detained stage carriage immediately. The court ordered release on condition that the petitioner pays Rs. 1,94,415 plus 1% collection charges within one week. The court also ordered endorsement in the certificate of registration.

What did the court decide?

Directed release of detained vehicle KL 11G/8087 upon payment of Rs. 1,94,415 plus 1% collection charges within one week; endorsed registration certificates to be made.

M.Abdul Nazar Vs the Regional Transport… — Writ and Judicial Review | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931

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WP(C).No. 512 of 2010(L)

PETITIONER(S):

M.ABDUL NAZER,MULLAPPALLY HOUSE, PALAZHI, P.O.G.A.COLLEGE, CALICUT.

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BY ADV. MR.O.D.SIVADAS

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RESPONDENT(S):

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THE REGIONAL TRANSPORT OFFICER, KOZHIKODE.

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BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.R. RAMACHANDRAMENON, J

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W.P.(C) No.512 of 2010

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Dated this the 15^th day of January , 2010

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J U D G M E N T

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The petitioner submits to this Court for issue of writ of mandamus to the respondent to accept tax in respect of the stage carriage bearing Registration No.KL-13A/9483 for the period from 1/7/2006 to 30/7/2007 as ordered in Ext.P2 order and to release the petitioner's stage carriage No.KL11G/8087 at the earliest.

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The learned Government Pleader submitted that on

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the basis of the instructions received, the liability as originally scheduled vide Ext.P1 showing an extent of Rs.4,29,209/- has in fact been brought down pursuant to Ext.P2 order passed by the appellate authority as per which

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the petitioner is liable to satisfy a sum of Rs.1,94,415/-. It is also stated that on satisfying the said amount, the vehicle belonging to the petitioner and detaining the vehicle bearing Registration No.KL-11/ G 8087 seized and detained

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W.P.(C) No.1129 of 2010

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can very well be released to him.

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The learned counsel for the petitioner submits that the impugned order has been set aside by the appellate authority and the liability has been brought down admittedly vide Ext.P2 and as such there cannot be any liability to pay the collection charges in respect of the due amount which otherwise, the petitioner thus lead to satisfy in terms of Ext.P2. The learned Government Pleader submits that the machinery under RR Act already been stated in amendment and by amendment to the Rule 5 (3). The respondents are very much entitled to collect the collection charges to the tune of 1% on the due amount. The learned counsel appearing for the petitioner submits that the petitioner is willing to satisfy the liability to the said extent.

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In the fact and circumstances, the respondent is directed to release the vehicle bearing Registration No.KL 11G/8087 to the petitioner, which is now stated as in toto of

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W.P.(C) No.1129 of 2010

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the Regional Transport Officer, Kozhikode forthwith on condition that the petitioner pays a sum of Rs.1,94,415/- and collection charges to the extent of 1% of the due amount and necessary endorsements shall be made by the respondent in the certificate of registration and the vehicle bearing Registration No. KL 13 A/9483 in for which the tax is said as due. The steps shall be finalised by the respondents as expeditiously as possible at any rate within one week from the date of clearing the liability as above.

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P.R.RAMACHANDRA MENON (JUDGE)

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W.P.(C) No.1129 of 2010

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M.Abdul Nazar v. the Regional Transport Officer,Kozhikode

Case brief

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M.Abdul Nazar v. the Regional Transport Officer,Kozhikode

Case brief

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