Kerala High Court
K.R. Sureshkumar vs The Regional Transport Officer on 20 December, 2016
Author: A.M. Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY,THE 20TH DAY OF DECEMBER 2016/29TH AGRAHAYANA, 1938
WP(C).No. 40194 of 2016 (Y)
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PETITIONER :
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K.R. SURESHKUMAR,
PROPRIETOR, M/S.KALLADA TOURS & TRAVELS,
HOSUR MAIN ROAD, BANGALORE-560 068.
BY ADVS.SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.A.ANJANA
SMT.K.S.SMITHA
SRI.M.V.VIPINDAS
RESPONDENT(S):
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1. THE REGIONAL TRANSPORT OFFICER,
CIVIL STATION, PALAKKAD DISTRICT-678 001.
2. THE DEPUTY TRANSPORT COMMISSIONER,
CENTRAL ZONE-I, AYYANTHOLE, THRISSUR-680 003.
3. THE TRANSPORT COMMISSIONER,
TRANS TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014.
BY GOVERNMENT PLEADER SRI. V.K.SHAMSUDHEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20-12-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 40194 of 2016 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE AUTHORIZATION ISSUED BY THE KSTA KARNATAKA
ON 14-1-16 IN FAVOUR OF BUS NO.KA-51D-0072.
P2 TRUE COPY OF THE INSPECTION REPORT DT. 19-5-16 ISSUED BY THE
MOTOR VEHICLE INSPECTOR, RTO OFFICE TIRUCHENCODE.
P3 TRUE COPY OF THE ADVANCE TAX RECEIPT IN BOOK NO.8877573D FOR
RS.1,08,000/- FOR ABUS NO.KA-51D-0072 ISSUED FROM THE MOTOR
VEHICLE CHECK POST WALAYAR ON 1-4-16.
P4 TRUE COPY OF THE RECEIPT NO.306118451/2016 DT. 11-8-16 FOR
RS.2,26,800/- ISSUED BY THE 1ST RESPONDENT FOR BUS NO.KA-51D-0072.
P5 TRUE COPY OF THE REQUEST DT. 12-8-16 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT SEEKING REFUND/SET OFF MOTOR
VEHICLE TAX PAID BY THE PETITIONER FOR THE PERIOD DURING WHICH
VEHICLE WAS NOT OPERATED.
P6 TRUE COPY OF THE CIRCULAR NO.28/16 DT. 9-11-16 ISSUED BY THE
TRANSPORT COMMISSIONER.
P7 TRUE COPY OF THE JUDGMENT DT. 4-10-16 MADE IN WPC.NO. 29853/16.
P8 TRUE COPY OF THE NOTICE DT. 25-10-16 ISSUED BY THE 1ST
RESPONDENT ADDRESSED TO THE PETITIONER.
P9 TRUE COPY OF THE ORDER DT. 30-9-16 ISSUED BY THE 2ND RESPONDENT
REJECTING THE REQUEST MADE BY THE PETITIONER FOR REFUND OF
TAX.
P10 TRUE COPY OF THE CERTIFICATE DT. 5-7-16 ISSUED BY M/S.SCANIA INDIA
COMMERCIAL VEHICLES LTD.
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
sts
A.M. SHAFFIQUE, J.
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W.P.(C) No. 40194 of 2016
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Dated this the 20th day of December, 2016
JUDGMENT
Petitioner has approached this Court challenging Ext.P9 and seeking for a direction to refund or adjust the excess amount collected from the petitioner in respect of vehicle No.K.A-51 D-0072 for the month of June, 2016 and also the amount of additional tax.
2. The facts available in the writ petition would disclose that the petitioner is a tourist bus operator and having vehicle No.KA-51 D-0072. It has an All India Permit issued by the Karnataka State Transport Authority. Petitioner submits that the petitioner was forced to pay additional tax for which he was not liable. Petitioner filed Ext.P5 application seeking for refund of the said amount. The matter was directed to be considered by the second respondent, who passed Ext.P9 order. Petitioner challenges Ext.P9. In Ext.P9, the request of W.P.(C) No. 40194 of 2016 -2- the petitioner had been rejected. Even according to the petitioner, revision will lie against an order passed by the Deputy Transport Commissioner as per the statutory format.
Having regard to the aforesaid fact situation, I do not think that this Court should entertain the writ petition, bypassing the alternative remedy available under the statute. Reserving right of the petitioner to prefer revision before the competent authority, this writ petition is closed.
Sd/-
A.M. SHAFFIQUE JUDGE Scl/20.12.2016