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High Court of KeralaWP(C)/17685/2015disposed of

Unnikrishnan v. The Joint Regional Transport 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.17685 of 2015 (I) ------------------------------------- PETITIONER:

------------------- UNNIKRISHNAN,S/O.JANARDHANAN,AGED 41 YEARS, CHUNGATH HOUSE,CHERUVALLUR, KORATTY,THRISSUR DISTRICT.

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

RESPONDENT:

---------------------- THE JOINT REGIONAL TRANSPORT OFFICER, (TAXATION OFFICER),SUB REGIONAL TRANSPORT OFFICER, CHALAKKUDY,THRISSUR DISTRICT.

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:

pk

WP(C).No.17685 of 2015 (I) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1:TRUE COPY OF THE CONTRACT CARRIAGE PERMIT RELATING TO BUS NO.KL-64B-375 DATED 8.10.2013.

EXHIBIT P2:TRUE COPY OF THE CONTRACT CARRIAGE PERMIT RELATING TO BUS NO.KL-64B-950 DATED 13.9.2013.

EXHIBIT P3:TRUE COPY OF THE CIRCULAR NO.7/2014 DATED 24.7.2014 ISSUED BY THE TRANSPORT COMMISSIONER.

EXHIBIT P4:TRUE COPY OF THE LATEST TAX TOKEN FOR THE VEHICLE MENTIONED IN EXHIBIT P1 FOR THE QUARTER ENDING 30-06-2015. EXHIBIT P5:TRUE COPY OF THE LATEST TAX TOKEN FOR THE VEHICLE MENTIONED IN EXHIBIT P2 FOR THE QUARTER ENDING 30-06-2015. EXHIBIT P6: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 AND P2 RESPONDENT'S EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.17685 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 bus bearing registration Nos.KL-64B-375 and KL-64B-950. Both the vehicles are having a seating capacity of 49 seats. The petitioner now wants to convert the seating capacity to 43 seats. The petitioner claims for a reduced rate of tax. For the said purpose, the petitioner approached the respondent by Ext.P6.

2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondent. Considering the the facts and circumstances of the case, this writ petition is disposed of directing the respondent to consider Ext.P6 after conducting an inspection and also adverting to Ext.P3 Circular within a period of two weeks from the date of receipt of a copy of this judgment. The petitioner shall produce the vehicles before the respondent for inspection.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

AV