Disposed

Joseph v. the State of Kerala Represented by Secretary

Kerala HC11 Apr 2024WP(C)/14829/2024

Case brief

AI extract

What is this about?

A Single Bench of the High Court of Kerala disposed of a Writ Petition directed against the State and Transport Authorities. The Court directed the respondents to consider the petitioner's specific application regarding tax endorsement alteration on a vehicle's RC Book in accordance with law and relevant judgments.

What did the court decide?

Writ petition disposed with direction to respondents to consider the applicant's request for tax endorsement alteration in accordance with law.

Joseph Vs the State of Kerala Represented by Secretary — Kerala HC (2024) — LawSathi Research

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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 DINESH KUMAR SINGH

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THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

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WP(C) NO. 14829 OF 2024

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PETITIONER:

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JOSEPH,
AGED 70 YEARS, S/O. VARKI,
EDATTU PADINJAREYIL HOUSE,
PAYYANADAM P. O., MANNARKKAD, PALAKKAD.
OWNER OF VEHICLE KL 59 Q 1959, PIN – 678583.

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BY ADV.
 SRI. LAVARAJ M. G.

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RESPONDENTS:

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1THE STATE OF KERALA REPRESENTED BY SECRETARY
LAW [LEGISLATION-A] DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN – 695001.

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2THE REGISTERING AUTHORITY,
REGIONAL TRANSPORT OFFICER, PALAKKAD,
REGIONAL TRANSPORT OFFICE, COLLECTORATE P. O.,
PALAKKAD, PIN – 678001.

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3THE JOINT REGIONAL TRANSPORT OFFICER,
TAXATION OFFICER, JOINT REGIONAL TRANSPORT OFFICE,
MANNARKKAD, PIN – 678582.

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BY ADV.
 SMT. JASMIN M. M. - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 14829 OF 2024

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JUDGMENT

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Dated this the 11^th day of January, 2024

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The present writ petition has been fled seeking the i following reliefs:

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i. issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd and 3rd respondents, to consider Ext.P-4 request for alteration in the endorsement of tax in the RC Book of the petitioner's vehicle KL 59 Q 1959 and to make suitable endorsement of tax based on Seating Capacity basis, taking note of the fact that models of vehicles, within a time frame as this Hon Court may deem fit and proper;

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ii. To issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case;

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The learned counsel for the petitioner submits that the

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issue involved in this writ petition is covered by the Division Bench judgment of this Court in Ext. P2 and Single Bench judgment in Ext.P5. He further submits that the competent authority considered Ext.P4 request of the petitioner for

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WP(C) NO. 14829 OF 2024

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alteration in the endorsement of tax in the RC Book in respect of the petitioner’s stage carriage bearing registration No.KL59-Q-1959.

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Considering the said submissions, the present writ petition is disposed of with a direction to the 2 nd and 3 rd respondents to consider and pass orders on Ext.P4 application of the petitioner, in accordance with law, in the light of the judgment passed by this Court in W.A. No.220 of 2018 and other connected writ appeals, as well as the judgment of this Court in W.P.(C) No.854 of 2017 and other connected writ petitions dated 22.03.2017.

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With the aforesaid directions, the present writ petition stands disposed of.

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Sd/- DINESH KUMAR SINGH JUDGE

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WP(C) NO. 14829 OF 2024

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APPENDIX OF WP(C) 14829/2024

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PETITIONER’S EXHIBITS

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EXHIBIT P1TRUE COPY OF THE RC BOOK OF THE PETITIONER'S
VEHICLE BEARING REGISTRATION NUMBER KL 59 Q 1959
DATED 27.6.2017
EXHIBIT P2TRUE COPY OF THE JUDGMENT IN W.A. NO. 220/2018
DATED 12.7.2018
EXHIBIT P3TRUE COPY OF THE JUDGMENT IN WP[C] NO.854/2017
DATED 22.3.2017
EXHIBIT P4TRUE COPY OF THE REQUEST DATED 01.04.2024
EXHIBIT P5A TRUE COPY OF THE JUDGMENT IN WP[C] NO. 7357 OF
2022 DATED 11.03.2022

Joseph v. the State of Kerala Represented by Secretary

Case brief

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Joseph v. the State of Kerala Represented by Secretary

Case brief

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