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Kerala High Court

A. Venkatakrishnan vs State Of Kerala on 25 July, 2003

       

  

  

 
 
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

               THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

          FRIDAY, THE 4TH DAY OF JANUARY 2013/14TH POUSHA 1934

                      WP(C).No. 29084 of 2012 (I)
                      ---------------------------

PETITIONER(S):
-------------

    A. VENKATAKRISHNAN,
    PROPRIETOR, M/S. SRI.JAYANTHI SERVICE,
    VAZHAYIL VILLA, MANJAKKAL, MAHE.

         BY ADV. SRI.M.K.CHANDRA MOHANDAS

RESPONDENT(S):
--------------

     1.  STATE OF KERALA,
         REPRESENTED BY THE CHIEF SECRETARY,
         GOVERNMENT OF KERALA, SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.

     2.  THE SECRETARY,
         STATE TRANSPORT AUTHORITY,
         GOVRNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

         BY ADV.SRI.T.K.SHAIJ RAJ,  GOVERNMENT PLEADER

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION  ON
       04-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:




DG

WP(C).No. 29084 of 2012 (I)


                             APPENDIX




PETITIONER(S) EXHIBITS:

     EXHIBIT-P1 - COPY OF THE JUDGMENT DATED 25-07-2003 IN WA.
                   NO.623/2000 & 625/2000.

     EXHIBIT-P2 - COPY OF THE ENDORSEMENT NO.H1-2328/STA/2002 DATED
                  12-08-2003.

     EXHIBIT-P3 - COPY OF THE JUDGMENT DTD.30-07-2012 IN WPC.
                   NO.17775/2012

     EXHIBIT-P4-  COPY OF THE LETTER DTD. D2/23035/STA/08 DTD.13-08-12.




RESPONDENTS' EXHIBITS  -    NIL




                                  //TRUE COPY//



                                  P.A TO JUDGE



DG



                    V.CHITAMBARESH, J.
                 ----------------------------------
                 W.P.(C).No.29084 of 2012
                 -----------------------------------
          Dated this the 04th day of January, 2013

                         J U D G M E N T

Heard the counsel for the petitioner and also the Government pleader for the respondents. It is true that the registration certificate of the vehicle 'PY-03/2655' contains an endorsement to the effect that tax exemption is enjoyed as per Government notification. The petitioner who is the registered owner of the vehicle got a declaration of exemption by virtue of the judgment dated 25.07.2003 in writ appeals numbered as 623/2000 and 625/2000.

2. The endorsement made as above on the registration certificate is said to be factually incorrect. Therefore the transport commissioner was justified in turning down the request for deletion of the endorsement in the registeration certificate. I however add that such an endorsement on the registeration certificate of the vehicle is not a taboo at all. The endorsement only reinfoces the entitlement to get exemption as declared by the Division Bench of this Court. The endorsement W.P.(C).No.29084 of 2013 2 does not affect future transfer or marketability of the vehicle in any manner .

The writ petition is disposed of.

SD/-

V.CHITAMBARESH, JUDGE.

//TRUE COPY// P.A TO JUDGE DG