Kerala High Court

WP(C)/29131/2020 of MUHMMEDSALIH P.K. Vs THE REGIONAL TRANSPORT OFFICER on 29 December 2020

COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942 WP(C).No.29131 OF 2020(N) PETITIONER: MUHMMEDSALIH P.K. AGED 28 YEARS S/O ABDUL SALAM, PARAKKANDY HOUSE, VELLALASSERY P O, REC, KOZHIKODE. BY ADV.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

TUESDAY, THE 29TH DAY OF DECEMBER 2020 / 8TH POUSHA, 1942

WP(C).No.29131 OF 2020(N)

PETITIONER:

MUHMMEDSALIH P.K.AGED 28 YEARSS/O ABDUL SALAM, PARAKKANDY HOUSE, VELLALASSERY P O, REC, KOZHIKODE.

RESPONDENT

BY ADV. SRI.O.D.SIVADAS

THE REGIONAL TRANSPORT OFFICERREGIONAL TRANSPORT OFFICE, CIVIL STATION, KOZHIKODE, PIN-673020.

GP- SRI. K.P.HARISH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

Dated this the 29th day of December 2020

Petitioner is the owner of stage carriage No.KL11/S 1630 for which permit was issued on the routeNayarkuzhi-Kozhikode palayam bus stand. Accordingto the petitioner, tax was paid upto 31.12.2016 andthe vehicle continues in 'G form' from 01.10.2016onwards. It is admitted that due to omission no 'Gform' was filed for the period from 01.01.2018 to30.09.2018 and 01.01.2019 to 31.05.2019. Factremains, the respondent issued a demand notice fora sum of Rs.1,39,082/- as tax at stage carriagerate.

2. According to the petitioner, petitioner hassubmitted Ext.P4 before the Regional TransportOfficer, Kozhikode, in order to ventilate thegrievances consequent to the demand raised, which

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is pending consideration and it would suffice if a direction is issued to dispose of the same.

3. Having heard learned counsel for thepetitioner and the learned senior GovernmentPleader, this writ petition is disposed ofdirecting the Regional Transport Officer, Kozhikode– the respondent, to consider Ext.P4 and take adecision in the same, in accordance with law, afterproviding an opportunity of hearing to thepetitioner at the earliest, and at any rate, withinone month from the date of receipt of a copy ofthis judgment.

Hmh

This writ petition is disposed of, accordingly.Sd/- SHAJI P.CHALY

JUDGE

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APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1

EXHIBIT P2

EXHIBIT P3

EXHIBIT P4

EXHIBTI P5

RESPONDENT'S EXHIBITS

TRUE COPY OF THE RC BOOK OF STAGECARRIAGE BEARING NO.KL 11/S 1630

TRUE COPY OF THE TEMPORARY PERMITISSUED TO THE PETITIONER IN THEVACANCYOFSTAGECARRIGENO.KL11/S 1630ISSUED TO THE PETITIONER IN THEVACANCYOFSTAGECARRIGENO.KL11/S 1630

TRUE COPY FO THE PROCEEDING DATED03.04.2019 ISSUED BY THE RESPO03.04.2019 ISSUED BY THE RESPO

TRUE COPY OF THE REQUEST DATED22.06.2020 SUBMITTED BY THEPETITIONER BEFORE THE RESPONDENTFOR ENDORSEMENT OF TAX AT NTVRATE22.06.2020 SUBMITTED BY THEPETITIONER BEFORE THE RESPONDENTFOR ENDORSEMENT OF TAX AT NTVRATE

TRUE COPY OF THE PHOTTOGRAPHS OFTHE PETITIONER'S STAGE CARRIAGENO.KL 11/1630THE PETITIONER'S STAGE CARRIAGENO.KL 11/1630

NIL

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