Disposed

Shakkeer T.A v. Joint Regional Transport Officer

Kerala HC21 Dec 2023WP(C)/41780/2023

Case brief

AI extract

What is this about?

The Single Judge disposed of the Writ Petition seeking exemption from road tax and directed documentation issues. The Court held that it is not appropriate to adjudicate the exemption application in a writ petition and ordered the petitioner to move Form G before the RTO.

What did the court decide?

Disposed with liberty to petitioner to move application under Form G within 15 days; RTO to decide within three weeks.

Shakkeer T.A Vs Joint Regional… — Constitutional and Fundamental Rights | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH

¶4

AGRAHAYANA, 1945

¶5

WP(C) NO. 41780 OF 2023

¶6

PETITIONER:

¶7

SHAKKEER T.A
AGED 47 YEARS
/O ALIYAR T.U, THAZHATHUMARIKUDIYIL, KAVUMKARA,
MARKET P.O, MUVATTUPUZA, ERNAKULAM DISTRICT,
PIN - 686673

¶8

BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
ANJU R S.
K C MOHAMED RASHID
BIJITHA B. BOSE

¶9

RESPONDENTS:

¶10

1JOINT REGIONAL TRANSPORT OFFICER
MINI CIVIL STATION, MUVATTUPUZHA, KERALA,
PIN - 686673
2THE REGIONAL TRANSPORT OFFICER
2ND FLOOR, CIVIL STATION, KAKKANAD, PIN -
682030

¶11

RESHMITA RAMACHANDRAN-GP

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE

¶13

FOLLOWING:

¶14

WP(C)No.41780/2023

¶15

..2..

¶16

DINESH KUMAR SINGH, J

¶17

=========================

¶18

W.P.(C)No.41780 of 2023

¶19

==========================

¶20

Dated this the 21^st day of December, 2023

¶21

JUDGMENT

¶22

The present Writ Petition has been filed seeking the

¶23

following reliefs:

¶24

“ (i) Issue a writ of certiorari or any other writ in the nature of certiorari or order calling for the records leading up to Exbt P5 and quash the same.

¶25

(ii) Issue a Writ of Mandamus or any other writ, order or direction directing the respondent to accept the remittance of NTV tax by the petitioner within such time fixed by this Honorable Court, in the interest of justice;

¶26

(iii) To dispense with the production of English translation of Malayalam Exhibits produced along with the Writ Petition in the interest of justice.

¶27

(iv) Issue any other writ, order or direction as this Hon'ble Court deems fit in the circumstances of the case.”

¶28

As per the averments in the writ petition, the petitioner’s vehicle bearing registration number KL-17-Q-7439 having seating capacity of 49 passengers is registered as a

¶29

Contract Carriage Vehicle with Muvattupuzha RTO. The Contract Carriage permit was issued on 07.07.2017 by the RTO.

¶30

..3..

¶31

¶32

The vehicle had met with an accident in the state of

¶33

Assam while it was going to Dispur. The vehicle was brought back to Kerala and sent for repair. However, the petitioner could not complete the repair works due to financial scarcity. So the petitioner had moved application under Form G before the 2^nd respondent seeking exemption from payment of the road tax. So the respondent had allowed the exemption and the petitioner remitted the tax amount accordingly.

¶34

According to the petitioner, he has not been able to take out the vehicle from the garage and the vehicle is still housed in the garage and the repair works could not get completed because there is financial scarcity and the petitioner had moved an application on 23.11.2023 seeking exemption from payment of Road Tax on the said vehicle from 01.04.2023. Immediately the petitioner had not moved application on time, nor he had moved the application under Form G.

¶35

In view thereof, the present Writ Petition is disposed of with liberty to the petitioner to move appropriate application under Form G before the 1^st respondent within a period of 15

¶36

¶37

..4..

¶38

days from today seeking exemption from the payment of the Road Tax on such vehicle and if such an application is moved, decision on the said application shall be taken in accordance with the law expeditiously, preferably within a period of three weeks thereof.

¶39

Sd/-

¶40

DINESH KUMAR SINGH JUDGE

ACR

..5..

APPENDIX OF WP(C) 41780/2023

¶45

PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE REGISTRATION
CERTIFICATE BEARING REGISTRATION NO.
KL-17-Q-7439 DATED 08.07.2017 ISSUED
BY THE MUVATTUPUZHA RTO
Exhibit P2TRUE COPY OF THE CONTRACT CARRIAGE
PERMIT BEARING PERMIT NO.P.CO
17/1727/2017 DATED 07.07.2017 ISSUED
BY THE SECRETARY RTA
Exhibit P3TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER DATED 23.11.2023
ALONG WITH ENGLISH TRANSLATION.
Exhibit P4TRUE COPY OF THE RECEIPT DATED
23.11.2023 ISSUED BY RESPONDENT'S
OFFICE ALONG WITH ENGLISH TRANSLATION
Exhibit P5TRUE COPY OF THE COMMUNICATION LETTER
ISSUED BY THE RESPONDENT DATED
25.11.2023 ALONG WITH ENGLISH
TRANSLATION

Shakkeer T.A v. Joint Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Shakkeer T.A v. Joint 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

Sadiq Ali, Vs the Sub Collector (R.D.O.)

Jk Residency, Vs State of Kerala

Jesna Steefan, Vs Additional/Joint/Deputy/Assistant Commissioner of Income Tax/Income Tax Officer

Geomon Joseph, Vs State of Kerala

P.M.Abdul Nazeer, Vs the Assistant Commissioner of Income Tax

Soby George, Vs Joint Regional Transport Officer