Petitioner sought certiorari to quash orders denying temporary vehicle registration for a branch operation at Mahe. Petitioner moved to withdraw the petition, and the Court dismissed it as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.37612 OF 2018(B)
PETITIONER/S:
MUHAMMED NIZAR C.P., AGED 34 YEARS DESIGNATED PARTNER, MASCOL AD SOLUTIONS LLP, 5/084D, LEKSHMI ARCADE, J K COLONY ROAD, KOZHIKODE673004, NOW WORKING AT MASCOL AD SOLUTIONS LLP, MMC IV-605 E, RAILWAY STATION ROAD, MAHE, PIN-673574
BY ADVS. SRI.AJEESH M UMMER SRI.ABDUL JALEEL ONATH
RESPONDENT/S:
R1-3 BY GOVERNMENT PLEADER
OTHER PRESENT:
SMT A.C.VIDHYA - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.37612 OF 2018(B)
-2-
J U D G M E N T
The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P9 order dated 29.9.2018 of the 1st respondent Regional Transport Officer, Kozhikode, denying temporary registration of the petitioner's vehicle for the purpose of getting it registered at Mahe; and also Ext.P11 order dated 17.10.2018 of the 2nd respondent Deputy Transport Commissioner (North Zone), Kozhikode, whereby Ext.P10 appeal filed by the petitioner against Ext.P9 order stands rejected.
W.P(C).No.37612 OF 2018(B)
-3-
Regional Transport Officer. This Court noticed that as per Ext.P5 GST Registration Certificate, the principal place of business of Mascol Ad Solutions LLP is at Mahe. Along with I.A.No.1 of 2018, the petitioner has produced Exts.P12 and P13 invoices dated 02.10.2018 and 03.11.2018 respectively, in
order to show that he is doing advertising business at Mahe, after opening a branch of Mascol Ad Solutions LLP, Calicut and therefore, by order dated 03.01.2019, the petitioner was directed to produce the GST returns in respect of Mahe branch of M/s.Mascol Ad Solutions LLP.
W.P(C).No.37612 OF 2018(B)
-4-
Branch on 13.09.2018. However, in Ext.P5 registration certificate, the principal place of business is shown as Mahe
and the said document will not support the case of the petitioner that the firm, which is having its registered office at Calicut has started a new branch at Mahe, after obtaining GST registration.
W.P(C).No.37612 OF 2018(B)
-5-
the learned counsel for the petitioner submitted that the relief sought for in this writ petition has become infructuous and therefore the petitioner has instructed him to withdraw this writ petition.
Recording the aforesaid submission of the learned counsel
for the petitioner, this writ petition is dismissed as withdrawn.
Sd/-
ANIL K.NARENDRAN, JUDGE.
bkn/-
W.P(C).No.37612 OF 2018(B)
-6-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PASSPORT NO.H.6352678 DATED 23.10.2009. EXHIBIT P2 TRUE COPY OF THE LIMITED LIABILITY PARTNERSHIP DEED DATED 24.12.2016. EXHIBIT P3 TRUE COPY OF THE RESOLUTION DATED 20.6.2018. EXHIBIT P4 TRUE COPY OF THE LEASE AGREEMENT DATED 2.8.2018. EXHIBIT P5 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 13.9.2018. EXHIBIT P6 TRUE COPY OF THE INVOICE DATED 24.9.2018 FOR THE NEW CAR. EXHIBIT P7 TRUE COPY OF THE RECEIPT FOR THE PAYMENT OF LICENSE FEE TO MAHE MUNICIPALITY DATED 3.8.2018. EXHIBIT P8 TRUE COPY OF MUNICIPAL LICENSE FOR CONDUCTING BUSINESS ISSUED BY COMMISSIONER, MAHE MUNICIPALITY DATED 12.9.2018. EXHIBIT P9 TRUE COPY OF THE ORDER DATED 29.9.2018 OF RTO. EXHIBIT P10 TRUE COPY OF THE APPEAL FILED WITH THE DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, KOZHIKODE.
W.P(C).No.37612 OF 2018(B)
-7-
EXHIBIT P11 TRUE COPY OF THE 2ND RESPONDENTS ORDER DATED 17.10.2018 EXHIBIT P12 TRUE COPY OF THE INVOICE DATED 02.10.2018 EXHIBIT P13 TRUE COPY OF THE INVOICE DATED 03.11.2018
EXHIBIT P14: TRUE COPY OF GST RETURN (QUARTERLY) OF DECEMBER 2018.
RESPONDENT'S EXHIBITS:
EXHIBIT R1(a): A TRUE COPY OF THE ENQUIRY REPORT OF THE MOTOR VEHICLE INSPECTOR.
MUHAMMED NIZAR C.P.
REGIONAL TRANSPORT OFFICER, CIVIL STATION, KOZHIKODE
DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, KOZHIKODE
TRANSPORT COMMISSIONER, MOTOR VEHICLE DEPARTMENT KERALA STATE
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
