Disposed

Mary Matha Schoenstatt Academy v. Joint Regional Trasnport Officer

Kerala HC4 Apr 2019WP(C)/7713/2019

Case brief

AI extract

What is this about?

This order abbreviated the disposal of a writ petition filed by an educational institution against the Regional Transport Officer and Transport Commissioner. The petitioner sought transfer of a vehicle without contract carriage taxes and treatment as an educational institution vehicle. The court directed the first respondent to consider the application by May 10, 2019. The court explicitly stated

What did the court decide?

Direction to the first respondent to consider and dispose of the application for transfer of ownership of vehicle bearing number KL-19G-1539 by 10.05.2019.

Mary Matha Schoenstatt Academy Vs Joint Regional… — 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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THURSDAY, THE 04TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941

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WP(C).No. 7713 of 2019

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PETITIONER/S:

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MARY MATHA SCHOENSTATT ACADEMY (REPRESENTED BY ITS MANAGER) FR.JIJU KILUKKAN, S/O.VARKEY JOSE, RESIDING AT MARY MATHA SCHOENSTATT ACADAMY, ALOOR.P.,O., ANATHADAM, ERNAKULAM DISTRICT680683.

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BY ADVS. SRI.G.HARIHARAN SMT.K.S.SMITHA SRI.PRAVEEN.H. SRI.V.R.SANJEEV KUMAR

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RESPONDENT/S:

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1 JOINT REGIONAL TRASNPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, IRINJALAKUDA, THRISSUR DISTRICT, PIN-680121.

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2 THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM695014.

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OTHER PRESENT:

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GP SMT.M.M. JASMINE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.7713/2019

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-2-

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J U D G M E N T

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Heard Sri G.Hariharan, the petitioner's counsel, and

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Smt.M.M.Jasmine, the learned Government Pleader.

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2. The petitioner makes the following prayers:

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“(i) Issue a writ of mandamus or any other appropriate writ or order commanding the 1^st respondent to consider Exhibit P4 application for transfer of ownership of the vehicle mentioned in Exhibit P3 without insisting for payment of tax applicable to Contract Carriage vehicles.

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(ii) Issue a writ of mandamus or any other appropriate writ commanding the 1^st respondent to treat the vehicle mentioned in Exhibit P3 as an Educational Institution vehicle and to levy tax on the vehicle applicable to Educational Institution vehicles as provided under Serial No.7(f)(ii)(b) of the Schedule attached to the Kerala Motor Vehicle Taxation Act.

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(iii) To pass such other orders or reliefs as this Hon'ble Court deems fit in the interest of justice.”

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The learned counsel for the petitioner submits that the

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petitioner is satisfied if Ext.P4 is considered within the time stipulated by this Court in accordance with law.

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W.P.(C) No.7713/2019

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-3-

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The learned Government Pleader does not oppose to the

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limited prayer made through counsel for the petitioner.

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The writ petition is disposed of by this order:

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The first respondent considers and disposes of Ext.P4 application of petitioner made for transfer of ownership of vehicle bearing no. KL-19G-1539 in accordance with law on or before 10.05.2019. This Court has not considered the merits of the matter and the direction shall not be understood as positive direction issued in this behalf. It is for the first respondent to strictly consider the application in accordance with law and pass orders.

Sd/-

S.V.BHATTI

JUDGE

jjj

W.P.(C) No.7713/2019

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-4-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE SECRETARY ALOOR GRAMA PANCHAYAT ON 21.2.2019 IN THE NAME OF THE PETITIONER COLLEGE.

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EXHIBIT P2 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER COLLEGE AND M/S.EVANS SCHOOL, PARASALA ON 9.2.2019.

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EXHIBIT P3 TRUE COPY OF THE CLEARANCE CERTIFICATE DATED 12.2.2019 ISSUED BY THE JOINT RTO, PARASALA.

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EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 12.2.2019 FOR EFFECTING TRANSFER OF OWNERSHIP OF THE VEHICLE BEARING REGISTRATION NO.KL-19G-1539 SUBMITTED BEFORE THE 1ST RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE SCHEDULE ATTACHED TO THE KERALA MOTOR VEHICLE TAXATION ACT.

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EXHIBIT P6 TRUE COPY OF THE TAX TOKEN ISSUED BY THE JOINT RTO, PARASALA.

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EXHIBIT P7 TRUE PHOTOGRAPH VEHICLE BEARING REGISTRATION NO.KL-19G-1539.

Mary Matha Schoenstatt Academy v. Joint Regional Trasnport Officer

Case brief

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What did the court decide?

Mary Matha Schoenstatt Academy v. Joint Regional Trasnport Officer

Case brief

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