Disposed

Thimmappa Bhat a v. State of Kerala

Kerala HC9 Apr 2019WP(C)/10119/2019

Case brief

AI extract

What is this about?

Owners of stage carriage vehicles sought tax imposition based on seating capacity via appeals. The High Court, without adjudicating merits, directed the third respondent to consider these appeals within eight weeks and stayed coercive steps for that period.

What did the court decide?

The 3rd respondent directed to consider the petitioners' appeals within eight weeks. No coercive steps for eight weeks.

Thimmappa Bhat a Vs State of Kerala — Service and Employment | Kerala HC (2019)

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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 S.V.BHATTI

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TUESDAY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941

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WP(C).No. 10119 of 2019

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PETITIONER/S:

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1 THIMMAPPA BHAT A AGED 67 YEARS S/O. THIMMAYYA BHAT, ARANTHADY HOUSE, POST, VORKADY, MANJESWAR (OWNER OF KL-14-W-9700).

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2 B.M. RAJESH, S/O. M. ANANDA, UHA NIVAS, BMC ROAD, HOSANGADY, MANJESWAR, (OWNER OF VEHICLE KL-14-W-9799).

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3 MALLIKA SHETTY, W/O. UMESH SHETTY, THRIPTHI NILLAYA, NADUHITHILU HOUSE, HOSBETTU P.O., MANJESWAR (OWNER OF VEHICLE KL-14-W-9407).

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4 A. GOPALAKRISHNA BHAT, S/O. LATE THIMMAYYA BHAT, ARANTHADY HOUSE, KALLYOOR VILLAGE, VORKADY P.O., MANJESWAR (OWNER OF VEHICLE KL-14-W-9849).

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BY ADV. SRI.P.V.BABY

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, LAW LEGISLATION A DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001.

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2 REGISTERING AUTHOIRTY. REGIONAL TRANSPORT OFFICER, KASARAGOD 671 121.

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WP(C).No. 10119 of 2019

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-2-

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3 DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, KOZHIKODE-673 001 (ADDL.3RD RESPONDENT IS IMPLEADED AS PER ORDER DATED 09.04.2019 IN I.A.1/2019 )

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GP. SMT. M.M JASMINE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10119 of 2019

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JUDGMENT

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The petitioners, owners of stage carriage vehicles, wanted the

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Motor Vehicle Tax imposed based on the seating capacity. In this regard, they have submitted Exts.P20 to P23 Appeal Memorandums before the 3^rd respondent.

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Now abandoning the other reliefs, the petitioners' counsel wants this Court to dispose of the writ petition directing the authority to consider the petitioners' Exts.P20 to P23 appeals.

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Under these circumstances, without adverting to the merits, I dispose of the writ petition holding that the 3^rd respondent will consider the appeals within eight weeks from today. There shall be no coercive steps pursuant to the orders impugned in the appeal for eight weeks from today.

Sd/-

S.V.BHATTI

JUDGE

WP(C).No. 10119 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE RC BOOK OF KL-14-W-9700 OF THE 1ST PETITIONER.
EXHIBIT P2	TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE RC BOOK OF KL-14-W-9799 OF THE 2ND PETITIONER.
EXHIBIT P3	TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE RC BOOK OF KL-14-W-9407 OF THE 3RD PETITIONER.
EXHIBIT P4	TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE RC BOOK OF KL-14-W-9849 OF THE 4TH PETITIONER.
EXHIBIT P5	TRUE PHOTOCOPY OF THE TAX ENDORSEMENT IN RESPECT OF KL-14-W-9700
EXHIBIT P6	TRUE PHOTOCOPY OF THE TAX ENDORSEMENT IN RESPECT OF KL-14-W-9799
EXHIBIT P7	TRUE PHOTOCOPY OF THE TAX ENDORSEMENT IN RESPECT OF KL-14-W-9407.
EXHIBIT P8	TRUE PHOTOCOPY OF THE TAX ENDORSEMENT IN RESPECT OF KL-14-W-9849
EXHIBIT P9	TRUE PHOTOCOPY OF THE NOTIFICATION DATED 20/9/2016 ISSUED BY THE CENTRAL GOVERNMENT.
EXHIBIT P10	TRUE PHOTOCOPY OF THE ARAI CERTIFICATION DATED 17/1/2017.
EXHIBIT P11	TRUE PHOTOCOPY OF THE ARAI CERTIFICATE DATED 15/6/2018.
EXHIBIT P12	TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO. 854/2017 DATED 22/3/2017.
EXHIBIT P13	TRUE PHOTOCOPY OF THE REPRESENTATION DATED 13/2/2019 SUBMITTED TO THE RESPONDENTS.

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WP(C).No. 10119 of 2019

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EXHIBIT	P14	TRUE PHOTOCOPY NO. 5571/2019	OF THE DATED 2	JUDGMENT IN WPC 5/2/2019.
EXHIBIT	P15	TRUE PHOTOCOPY 14/3/2019 ISSU	OF THE ED BY T	ORDER DATED HE 2ND RESPONDENT.
EXHIBIT	P16	TRUE PHOTOCOPY 28/2/2019 ISSU BY THE MOTOR V	OF THE ED TO T EHICLES	TX RECEIPT DATED HE 1ST PETITIONER DEPARTMENT.
EXHIBIT	P17	TRUE PHOTOCOPY 28/2/2019 ISSU BY THE MOTOR V	OF THE ED TO T EHICLES	TAX RECEIPT DATED HE 2ND PETITIONER DEPARTMENT.
EXHIBIT	P18	TRUE PHOTOCOPY 28/2/2019 ISSU BY THE MOTOR V	OF THE ED TO T EHICLES	TAX RECEIPT DATED HE 3RD PETITIONER DEPARTMENT.
EXHIBIT EXHIBIT	P19 P20	TRUE PHOTOCOPY 28/2/2019 ISSU BY THE MOTOR V TRUE PHOTOCOPY DATED 4/4/2019 PETITIONER	OF THE ED TO T EHICLES OF THE FILED B	TAX RECEIPT DATED HE 4TH PETITIONER DEPARTMENT. APPEAL MEMORANDUMS Y THE 1ST
EXHIBIT	P21	TRUE PHOTOCOPY DATED 4/4/2019 PETITIONER	OF THE FILED B	APPEAL MEMORANDUMS Y THE 2ND
EXHIBIT	P22	TRUE PHOTOCOPY DATED 4/4/2019 PETITIONER	OF THE FILED B	APPEAL MEMORANDUMS Y THE 3RD
EXHIBIT	P23	TRUE PHOTOCOPY DATED 4/4/2019 PETITIONER	OF THE FILED B	APPEAL MEMORANDUMS Y THE 4TH

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY// Sd/PA TO JUDGE

Thimmappa Bhat a v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thimmappa Bhat a v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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