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Joju C.A

High Court Of Kerala|17 December, 2014
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JUDGMENT / ORDER

Petitioner is aggrieved with the non-consideration of Ext. P5 application for converting the vehicle as a private service vehicle and cancellation of the taxi permit issued. The petitioner contends that the petitioner had purchased a second hand vehicle from one Jayakumar and had sought for transfer of registration as early as on 27-7-2011. The petitioner also contends that on 23-09-2011, the application was filed for transfer of permit. The transfer of registration was endorsed, however, the change in category was not considered since there were tax dues. The same is also evidenced by Ext. P6 which indicates that W.P. ( C ) No. 24885 of 2014-I 2 from 1-10-2011 to 30-06-2014, tax was in arrears. 2. The petitioner contends that he has not received the Registration Book, submitted before the authorities, which on enquiry is said to have been misplaced. Despite the fact that the petitioner points to Ext. P3 which according to him, is a receipt issued while handing over the registration book to the authorities, there is nothing to assume that the same was not returned. Obviously, the transfer of registration has been effected since a demand for tax arrears was issued in the name of the petitioner himself. In such circumstances, this Court cannot assume that the Registration Book was not returned, especially since the petitioner has not initiated any proceedings for return of the Registration Book which admittedly the petitioner has submitted as per Ext. P3 on 26-11-2011. prior to the filing of petitioner's Writ Appeal in 2014.
3. In any event, if the Registration Book is not W.P. ( C ) No. 24885 of 2014-I 3 available with the petitioner, then the petitioner has to apply for a duplicate Registration Book and also submit an application for conversion of the category of the vehicle, which, however, will be considered only after the tax dues are paid. If the petitioner satisfies the tax dues and makes an application for conversion of the category of the vehicle as per the Motor Vehicle Taxation Act, the same shall be considered.
With the above observation, this Writ Petition stands closed.
Sd/-K.VINOD CHANDRAN, JUDGE.
ani/
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Title

Joju C.A

Court

High Court Of Kerala

JudgmentDate
17 December, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri Yash Thomas
  • Mannully Sri
  • P A Gireesh Kumar
  • Government Pleader