Shujain Majeed A. T vs The Regional Transport Officer on 8 December, 2023

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Kerala High Court

Shujain Majeed A. T vs The Regional Transport Officer on 8 December, 2023

Bench: Dinesh Kumar Singh

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
   FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                       WP(C) NO. 41119 OF 2023
PETITIONER:

          SHUJAIN MAJEED A. T.
          AGED 40 YEARS
          S/O. ABDULLA A.K., RESIDING AT MURSHIDA, MANZIL,
          MORAZHA, ANCHAMPEEDIKA P.O.,TALIPARAMBA, KANNUR
          DISTRICT- 670141. REPRESENTED BY HIS POWER OF ATTORNEY
          HOLDER SRI. MOHAMMED ANAZ .T., AGED 39 YEARS, S/O.
          ABDUL MAJEED POOVANKULAM THOTTAM, "SHANUS" NEAR MINI
          STADIUM, MANNA, VALAPATTANAM P.O., KANNUR DISTRICT, PIN
          - 670010
          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          B.R.SINDU
          V.R.SANJEEV KUMAR


RESPONDENTS:

    1     THE REGIONAL TRANSPORT OFFICER,
          REGIONAL TRANSPORT OFFICE, CIVIL STATION, EDAPALLY-
          PANVEL HIGHWAY, KANNUR, PIN - 670002
    2     THE DEPUTY TRANSPORT COMMISSIONER (NORTH ZONE),
          CIVIL STATION, CIVIL STATION P.O, MALAPARAMBA,
          KOZHIKKODE, PIN - 673020



          JASMINE M.M.-GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.41119    of 2023
                                        2


                                  JUDGMENT

Dated this the 8th day of December, 2023 The present writ petition has been filed by the petitioners for the following prayers:

i. Issue a writ of mandamus or any other appropriate writ or order commanding the 2nd respondent to consider and pass orders on Exhibit P10 appeal and stay petition filed by the petitioner without any further delay.

ii. Issue a writ of mandamus or any other appropriate writ or order commanding the 1st respondent to conduct fitness for the vehicle mentioned in Exhibit P1 subject to the compliance of the provisions of Section 56 of the Motor Vehicles Act. iii. Issue a writ or mandamus or any other appropriate writ or order restraining the 1st respondent from demanding tax on the strength of Exhibit P9 notice till the disposal of Exhibit P10 appeal and stay petition.

iv. Petitioner may be permitted to dispense with the filing of translation of the vernacular documents. WP(C) No.41119 of 2023 3 v. To pass such other orders or reliefs as this Hon'ble Court deems fit in the interest of justice.

2. Learned counsel for the petitioner submits that the petitioner limiting his prayer only for an expeditious disposal of appeal pending before the 2 nd respondent.

Considering the facts and circumstances of the case and the submission of the learned counsel for the petitioner, the present writ petition is disposed of, with a direction to the 2nd respondent to consider and pass order on Ext.P10 appeal in accordance with law, expeditiously, preferably within a period of six weeks.

Any payment by the petitioner shall be subject to the final outcome of the appeal.

Sd/-

DINESH KUMAR SINGH JUDGE AP WP(C) No.41119 of 2023 4 APPENDIX OF WP(C) 41119/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO BUS NO.KL-13AP-0599 Exhibit P2 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED BY THE RTA, KANNUR IN THE NAME OF THE PETITIONER RELATING TO VEHICLE NO.KL- 13AP-0599 ON 29.06.2021 Exhibit P3 A TRUE COPY OF THE CERTIFICATE DATED 05.09.2023 ISSUED BY THE M/S S.M. KANNAPPA AUTOMOBILES (P) LTD., BANGALORE EVIDENCING GARAGING OF THE VEHICLE MENTIONED IN EXHIBIT.P1 W.E.F. 01.03.2023 ONWARDS Exhibit P4 A TRUE COPY OF THE ESTIMATE BILL DATED 10.03.2023 ISSUED BY M/S S.M. KANNAPPA AUTOMOBILES (P) LTD., Exhibit P5 A TRUE COPY OF THE RECEIPT DATED 28.02.2023 ISSUED BY THE 1ST RESPONDENT EVIDENCING RECEIPT OF FORM G INTIMATION FOR THE VEHICLE MENTIONED IN EXHIBIT.P1 Exhibit P6 . A TRUE COPY OF THE REQUEST DATED 08.08.2023 SENT BY THE PETITIONER ADDRESSED TO THE RESPONDENT Exhibit P7 A TRUE COPY OF THE JUDGMENT MADE IN W.P.(C) NO.30897/2023 ON 20.09.2023 Exhibit P8 A TRUE COPY OF THE SERVICE VERIFICATION AND ENQUIRY REPORT DATED 13.10.2023 Exhibit P9 A TRUE COPY OF THE DEMAND NOTICE DATED 20.10.2023 ISSUED BY THE 1ST RESPONDENT DEMANDING THE PETITIONER TO PAY THE TAX ARREARS FROM 01.04.2023 ONWARDS ALONG WITH ENGLISH TRANSLATION Exhibit P10 A TRUE COPY OF THE MEMORANDUM OF APPEAL ALONG WITH STAY PETITION FILED BEFORE THE 2ND RESPONDENT ON 18.11.2023

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