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K.A.ABDUL RAZAK, S/O ABDUL RAHIMAN versus SECRETARY, REGIONAL TRANSPORT AUTHORITY

High Court of Kerala

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K.A.ABDUL RAZAK, S/O ABDUL RAHIMAN v. SECRETARY, REGIONAL TRANSPORT AUTHORITY - WA No. 2054 of 2007 [2007] RD-KL 16808 (6 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2054 of 2007()

1. K.A.ABDUL RAZAK, S/O ABDUL RAHIMAN,
... Petitioner

Vs

1. SECRETARY, REGIONAL TRANSPORT AUTHORITY,
... Respondent

2. SUB REGIONAL TRANSPORT OFFICER,

3. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.N.K.MOHANLAL

For Respondent : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN

Dated :06/09/2007

O R D E R

H.L.DATTU, C.J. & K.T.SANKARAN, J.

W.A. No. 2054 of 2007

Dated this the 6th day of September, 2007.



J U D G M E N T

H.L.Dattu, C.J. This appeal arises out of the order passed by the learned Single Judge in W.P.(C). No.18879 of 2007 dated 20th June, 2007. By the impugned order the learned Single Judge has granted more relief than what the petitioner was really entitled to. (2). The petitioner is the owner of a goods carriage vehicle bearing registration No.KRO 5148. Even according to the petitioner he is in arrears of tax under the provisions of the Motor Vehicle Taxation Act. (3). In the writ petition filed, the petitioner sought the following reliefs:

"(i). to issue a writ of Mandamus or any other appropriate writ or order directing the respondents to allow the petitioner to remit 40% of the tax arrears with additional tax within one month of the order and the balance in 5 equal monthly instalments in respect of goods carriage No.KRO 5148. (ii) to issue a writ of Mandamus or any other writ or order directing the Ist and 3rd respondent to dispose of Exhibit P3 representation in accordance with law." (4). The first prayer, to us it appears that, the petitioner intends to convert the writ court into an instalment court. In our opinion, that is impermissible. Therefore, the first prayer could not have been granted by the learned Single Judge. But, taking a sympathetic view of the matter, the learned WA.No.2054 of 2007 Single Judge has directed the State Government before whom the representation was filed by the petitioner for grant of instalment facility, to consider the same in accordance with law, within a particular time frame. (5). In our view, the order so passed by the learned Single Judge, by no stretch of imagination can be said to be either erroneous or illegal. Therefore, the impugned order does not call for interference by this court. Accordingly, the writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.T.SANKARAN)

JUDGE

MS


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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