High Court of KeralaWP(C)/17606/2015disposed of

Jose v. The Joint Regional Transport Officer (Taxation Officer)

2015-06-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 WP(C).No.17606 of 2015 (A) --------------------------------------- PETITIONER:

------------------- JOSE V.C,S/O.CHACKO,VADAKKEKUDIYIRUPPU HOUSE, UZHAVOOR,MEENACHIL TALUK,KOTTAYAM DISTRICT.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT:

---------------------- THE JOINT REGIONAL TRANSPORT OFFICER (TAXATION OFFICER), SUB REGIONAL TRANSPORT OFFICE,UZHAVOOR - 686 001. BY GOVT. PLEADER SMT.SOBHA ANNAMMA EAPEN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.17606 of 2015 (A) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1:TRUE COPY OF THE CONTRACT CARRIAGE PERMIT RELATING TO BUS NO.KL-35E-2831.

EXHIBIT P2:TRUE COPY OF THE CIRCULAR NO.7/2014 DATED 24.07.2014 ISSUED BY THE TRANSPORT COMMISSIONER.

EXHIBIT P3:TRUE COPY OF THE REQUEST DATED 01.06.2015 MADE BY THE PETITIONER ADDRESSED TO THE RESPONDENT SEEKING REDUCTION OF TAX FOR THE VEHICLES MENTIONED IN EXHIBIT P1. RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.17606 of 2015 ----------------------------------- Dated this the 12th day of June, 2015

J U D G M E N T

The petitioner is a contract carriage operator and registered owner of a bus bearing registration No.KL-35E-2831. The vehicle is having a seating capacity of 49 seats. The petitioner now wants to convert it as a 43 seats one. The petitioner claims for a reduced rate of tax. For the said purpose, the petitioner approached the 1st respondent by Ext.P3.

2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondents. Considering the the facts and circumstances of the case, this writ petition is disposed of directing the 1st respondent to consider Ext.P3 after conducting an inspection and also adverting to Ext.P2 Circular within a period of two weeks from the date of receipt of a copy of this judgment. The petitioner shall produce the vehicle before the 1st respondent for inspection.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.