Petition challenging long pendency of verification regarding service G forms filed for transport vehicle permit. Court directed respondents to verify submitted forms within two months.
Direction to respondents to cause service verification of 'G' forms produced and finalize proceedings within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 20TH DAY OF MARCH 2014/29TH PHALGUNA, 1935
WP(C).No. 891 of 2014 (J)
PETITIONER(S):
VIMAL CHITTILAPPALLY, S/O.CHACKO (SUNNY), CHITTILAPPALLY, OLARIKKARA, PULLAZHY P.O., THRISSUR.
BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.
RESPONDENT(S):
1. THE REGIONAL TRANSPORT OFFICER,
MALAPPURAM, PIN-676 505.
*** ADDL.R2 IMPLEADED:**
R2. THE REGIONAL TRANSPORT OFFICER, THRISSUR - 680 001.
*ADDL.R2 IS IMPLEADED AS PER ORDER DATED 18/02/2014 IN IA NO.1927/2014.
R1 & ADDL.R2 BY SR.GOVERNMENT PLEADER SMT.SHOBA ANNAMMA EAPEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.891/2014 (J)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1: | COPY OF THE REGULAR PERMIT RELATING TO VEHICLE NO.KL-8AS - 1493. |
|---|---|
| EXT.P2: | COPY OF THE G FORM FILED BEFORE THE RESPONDENT ON 02/08/2013. |
| EXT.P3: | COPY OF THE G.FORM FILED BEFORE THE RESPONDENT ON 05/09/2013. |
| EXT.P4: | COPY OF THE G.FORM FILED BEFORE THE RESPONDENT ON 06/11/2013. |
| EXT.P5: | COPY OF THE COVERING LETTER DTD. 05/10/2013 FROM THE PETITIONER BEFORE THE RESPONDENT. |
| EXT.P6: | COPY OF THE AFFIDAVIT FILED BEFORE THE RESPONDENT DTD. 17/10/2013. |
| EXT.P7: | COPY OF THE CIRCULAR NO.7/2009 DTD.11/07/2009 ISSUED BY THE TRANSPORT COMMISSIONER. |
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
P.R. RAMACHANDRA MENON, J.
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W.P.(C)No.891 of 2014
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Dated this the 20th day of March, 2014
J U D G M E N T
The petitioner is the registered owner of the vehicle bearing registration No.KL-8AS-1493 which is a stage
carriage operating in the route Thamarassery Chungam - Thrissur on the strength of a regular permit which is stated as valid upto 20.11.2014. In respect of the period covering from 01.08.2013 to 31.12.2013, the vehicle was never put to
use, nor was it kept ready for use and the petitioner submitted necessary 'G' forms as borne by Exts.P2 to P4 before the first respondent. The claim of the petitioner is sought to be substantiated with respect to Ext.P5 covering letter and Ext.P6 affidavit filed in this regard. By virtue of the mandate of Ext.P7 Circular issued by the Transport Commissioner, it was very much necessary for the first respondent to have made necessary verification. Despite
the long lapse of time, the proceedings have not been finalised and hence the writ petition.
W.P.(C)No.891 of 2014
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by the 'G' forms, copies of which have been produced as Exts.P2 to P4. No 'G' forms have been produced in respect of the period from 01.07.2013 to 31.07.2013 and from 01.10.2013 to 31.10.2013. Similarly, the petitioner has not produced any document with regard to the liability under the Kerala Motor Transport Workers' Welfare Fund Act, so as to accept tax in terms of the relevant provisions of law.
W.P.(C)No.891 of 2014
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proceedings, informing the petitioner as to the outcome; which shall be done at the earliest at any rate within a period of two months from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the respondents for further steps.
The writ petition is disposed of.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE
shg/
1 issue framed by the court
Whether the Transport Offcials are directed to verify the G forms served by the petitioner and finalize proceedings?
VIMAL CHITTILAPPALLY
THE REGIONAL TRANSPORT OFFICER, MALAPPURAM
THE REGIONAL TRANSPORT OFFICER, THRISSUR
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
