Disposed

Hashim Muhammed v. State of Kerala

Kerala HC26 Jul 2019WP(C)/16442/2019

Case brief

AI extract

What is this about?

In WP(C).No.16442 of 2019, the petitioner sought to replace bus seats to lower tax liability and direct the transport department to act on his application (Ext.P3). The High Court at Ernakulam directed the Additional Registering Authority to dispose of Ext.P3 within one week, referencing a prior judgment from August 2018, and disposed of the writ petition.

What did the court decide?

The Court directed the 2nd respondent to consider Ext.P3 within one week and communicate the decision to the petitioner.

Hashim Muhammed 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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FRIDAY, THE 26TH DAY OF JULY 2019 / 4TH SRAVANA, 1941

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WP(C).No.16442 of 2019

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PETITIONER:

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HASHIM MUHAMMED

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PUTHUKKUDY HOUSE, KANJIRAKKAD, RAYONPURAM(P.O.), PERUMBAVUR.

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BY ADVS. SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 ADDITIONAL REGISTERING AUTHORITY, PERUMBAVOOR-683 548.

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3 THE JOINT REGIONAL TRANSPORT OFFICER, PERUMBAVOOR-683 548.

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4 THE JOINT REGIONAL TRANSPORT OFFICER (TAXATION OFFICER), PERUMBAVOOR-683 548.

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GP. DR. THUSHARA JAMES

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16442 of 2019

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JUDGMENT

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The petitioner prays for the following reliefs:

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“i) Declare that the petitioner is entitled to substitute the existing push back seats with fixed seats in the bus bearing Reg No KL-07-BH-7301 owned by him so as to enable him to reduce the tax liability and to issue a writ of mandamus or any other writ order or direction commanding the respondents take action on Exhibit P3 application within a time limit as this Hon'ble Court deemed fit to fix.

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ii) Grant such other reliefs as may be prayed for and as the court may deem fit to grant.”

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The learned counsel appearing for the petitioner

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states that the petitioner is satisfied if this Court directs the 2^nd respondent to dispose of Ext.P3 request in the light of judgment dated 07.08.2018 of this Court in W.A No. 196 of 2018 & Connected cases. The learned Government Pleader does not oppose the prayer for disposing of Ext.P3 request. Hence the following order.

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The petitioner submits a copy of Ext.P3 and the instant judgment to the 2^nd respondent within one week from

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-3-

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WP(C).No.16442 of 2019

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today. The 2^nd respondent within one week from the date of

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receipt, considers and disposes of, keeping in view Ext.P5 judgment dated 07.08.2018 in W.A No. 196 of 2018 & Connected cases and communicates the decision to the petitioner.

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The writ petition is disposed of by this judgment.

Sd/-

S.V.BHATTI

JUDGE

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WP(C).No.16442 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PERMIT BEARING NO.P.CO.40/134/2018 DATED 19.01.2018 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE BUS BEARING REG.NO.KL-07-BH-7301. EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT ON 06.06.2019 BY THE PETITIONER.

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EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY THE POSTAL DEPARTMENT AT THE TIME OF SENDING EXHIBIT P3 BY REGISTERED POST.

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 07.08.2018 IN WA 196/2018 AND CONNECTED CASES.

Hashim Muhammed v. State of Kerala

Case brief

What is this about?

What did the court decide?

Hashim Muhammed v. State of Kerala

Case brief

What is this about?

What did the court decide?

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