Disposed

Shujain Majeed a. T. v. The Regional Transport Officer

Kerala HC8 Dec 2023WP(C)/41119/2023

Case brief

AI extract

What is this about?

This writ petition, filed by a transport permit holder against the Regional Transport Officer and Deputy Transport Commissioner, was disposed of. The court directed the Deputy Transport Commissioner to consider and pass orders on the pending appeal and stay petition expeditiously, preferably within six weeks, pending the final outcome.

What did the court decide?

Direction to the 2nd respondent to consider and pass order on Ext.P10 appeal expeditiously, preferably within six weeks.

Shujain Majeed a. T. Vs The Regional Transport Officer — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

¶4

FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945

¶5

WP(C) NO. 41119 OF 2023

¶6

PETITIONER:

¶7

SHUJAIN MAJEED A. T.
AGED 40 YEARS
S/O. ABDULLA A.K., RESIDING AT MURSHIDA, MANZIL,
MORAZHA, ANCHAMPEEDIKA P.O.,TALIPARAMBA, KANNUR
DISTRICT- 670141. REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER SRI. MOHAMMED ANAZ .T., AGED 39 YEARS, S/O.
ABDUL MAJEED POOVANKULAM THOTTAM, "SHANUS" NEAR MINI
STADIUM, MANNA, VALAPATTANAM P.O., KANNUR DISTRICT, PIN
- 670010
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
B.R.SINDU
V.R.SANJEEV KUMAR

¶8

RESPONDENTS:

¶9

1THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION, EDAPALLY-
PANVEL HIGHWAY, KANNUR, PIN - 670002

¶10

2 THE DEPUTY TRANSPORT COMMISSIONER (NORTH ZONE), CIVIL STATION, CIVIL STATION P.O, MALAPARAMBA, KOZHIKKODE, PIN - 673020

¶11

JASMINE M.M.-GP

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C) No.41119 of 2023

¶14

¶15

JUDGMENT

¶16

Dated this the 8^th day of December, 2023

¶17

The present writ petition has been filed by the

¶18

petitioners for the following prayers:

¶19

i . Issue a writ of mandamus or any other appropriate writ or order commanding the 2 nd respondent to consider and pass orders on Exhibit P10 appeal and stay petition filed by the petitioner without any further delay.

¶20

ii . Issue a writ of mandamus or any other appropriate writ or order commanding the 1 st respondent to conduct fitness for the vehicle mentioned in Exhibit P1 subject to the compliance of the provisions of Section 56 of the Motor Vehicles Act.

¶21

iii. Issue a writ or mandamus or any other appropriate writ or order restraining the 1 st respondent from demanding tax on the strength of Exhibit P9 notice till the disposal of Exhibit P10 appeal and stay petition.

¶22

iv . Petitioner may be permitted to dispense with the filing of translation of the vernacular documents.

¶23

WP(C) No.41119 of 2023

¶24

¶25

v . To pass such other orders or reliefs as this Hon’ble Court deems fit in the interest of justice.

¶26

2 . Learned counsel for the petitioner submits that the petitioner limiting his prayer only for an expeditious disposal of appeal pending before the 2 nd respondent.

¶27

Considering the facts and circumstances of the case and the submission of the learned counsel for the petitioner, the present writ petition is disposed of, with a direction to the 2 nd respondent to consider and pass order on Ext.P10 appeal in accordance with law, expeditiously, preferably within a period of six weeks. Any payment by the petitioner shall be subject to the final outcome of the appeal.

¶28

Sd/-

¶29

DINESH KUMAR SINGH

¶30

JUDGE

¶31

¶32

WP(C) No.41119 of 2023

¶33

¶34

APPENDIX OF WP(C) 41119/2023

¶35

`PETITIONER EXHIB`	`ITS`
`Exhibit P1`	`A TRUE COPY OF THE` `RELATING TO BUS NO.`	`REGISTRATION CERTIFICATE` `KL-13AP-0599`
`Exhibit P2`	`A TRUE COPY OF THE` `ISSUED BY THE RTA,` `THE PETITIONER RELA` `13AP-0599 ON 29.06.`	`CONTRACT CARRIAGE PERMIT` `KANNUR IN THE NAME OF` `TING TO VEHICLE NO.KL-` `2021`
`Exhibit P3`	`A TRUE COPY OF THE` `05.09.2023 ISSUED B` `AUTOMOBILES (P) LTD` `GARAGING OF THE VEH` `EXHIBIT.P1 W.E.F. 0`	`CERTIFICATE DATED` `Y THE M/S S.M. KANNAPPA` `., BANGALORE EVIDENCING` `ICLE MENTIONED IN` `1.03.2023 ONWARDS`
`Exhibit P4`	`A TRUE COPY OF THE` `10.03.2023 ISSUED B` `AUTOMOBILES (P) LTD`	`ESTIMATE BILL DATED` `Y M/S S.M. KANNAPPA` `.,`
`Exhibit P5`	`A TRUE COPY OF THE` `ISSUED BY THE 1ST R` `RECEIPT OF FORM G I` `VEHICLE MENTIONED I`	`RECEIPT DATED 28.02.2023` `ESPONDENT EVIDENCING` `NTIMATION FOR THE` `N EXHIBIT.P1`
`Exhibit P6`	`. A TRUE COPY OF TH` `08.08.2023 SENT BY` `TO THE RESPONDENT`	`E REQUEST DATED` `THE PETITIONER ADDRESSED`
`Exhibit P7`	`A TRUE COPY OF THE` `NO.30897/2023 ON 20`	`JUDGMENT MADE IN W.P.(C)` `.09.2023`
`Exhibit P8`	`A TRUE COPY OF THE` `ENQUIRY REPORT DATE`	`SERVICE VERIFICATION AND` `D 13.10.2023`
`Exhibit P9`	`A TRUE COPY OF THE` `20.10.2023 ISSUED B` `DEMANDING THE PETIT` `ARREARS FROM 01.04.` `ENGLISH TRANSLATION`	`DEMAND NOTICE DATED` `Y THE 1ST RESPONDENT` `IONER TO PAY THE TAX` `2023 ONWARDS ALONG WITH`
`Exhibit P10`	`A TRUE COPY OF THE` `ALONG WITH STAY PET` `2ND RESPONDENT ON 1`	`MEMORANDUM OF APPEAL` `ITION FILED BEFORE THE` `8.11.2023`

Shujain Majeed a. T. v. The Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Shujain Majeed a. T. v. The Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Remitha Manoj Vs M/S.Tata Capital Finance Service Ltd.

Smitha Sanal, Vs Paul Fernandas

Fins Engineers and Contractors (P) Ltd., Vs Superintendent

Travancore Cocotuft Private Limited Vs Deputy Commissioner (Customs)

Shaju Pachelil Pathrose, Vs the Additional/Joint/Deputy/Assistant Commissioner of Income Tax

Celine Scaria Vs the Secretary Regional Transport Authority