Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 WP(C) NO. 35057 OF 2022 PETITIONER:
P.B.SATHEESH, AGED 39 YEARS S/O P.S. BALAN, DIRECTOR, NERKAZHAGHA ASSOCIATION IS BUILDING NO: 18/ 686-8, MULLAKKARA, MULAYAM ROAD, THRISSUR, THRISSUR KL 680751 HAVING CORPORATE IDENTIFICATION NUMBER IS (CIN) U85300KL2020NPL064587 HAVING REGISTRATION NUMBER 64587.
BY ADV G.KIRAN ADV.KISHORE RESPONDENTS:
1 UNION OF INDIA, TO BE REPRESENTED BY CENTRAL BOARD OF EXCISE & CUSTOMS, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NEW DELHI.110001.
2 STATE OF KERALA TO BE REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF MOTOR VEHICLES, ROOM NO 394, MAIN BLOCK, SECRETARIAT, GOVERNMENT SECRETARIAT, THIRUVANTHAPURAM-695001.
3 STATE OF KERALA TO BE REPRESENTED BY SECRETARY, HOME AND VIGILANCE, SECRETARIAT, THIRUVANTHAPURAM-695001.
4 DIRECTOR GENERAL OF POLICE, KERALA POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.
5 STATE OF KERALA TO BE REPRESENTED BY TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THIRUVANTHAPURAM-695014 .
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6 STATE OF KERALA TO BE REPRESENTED BY PRINCIPAL SECRETARY, DIRECTORATE OF INDUSTRIES AND COMMERCE, SECRETARIAT, THIRUVANTHAPURAM. 695001.
7 GST COUNCIL TO BE REPRESENTED BY THE SECRETARY, OFFICE OF THE GST COUNCIL, SECRETARIAT.
5TH FLOOR, TOWER II, JEEVAN BHARTI BUILDING, JANPATH ROAD, CONNAUGHT PLACE, NEW DELHI-110 001.
8 COMMISSIONER, KERALA GST DEPARTMENT , 9TH FLOOR , TAX TOWERS, KILLPPALAM, KARAMANAP.O, THIRUVANTHAPURAM-695002.
9 DIRECTOR, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTAM PALACE, THIRUVANTHAPURAM-695004.
BY ADV VISHNU JAYAPALAN TEKCHAND V SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT S. MANIKUMAR, C.J.
The petitioner has sought for the following reliefs:
(i) To issue a writ of mandamus or other appropriate writ order or direction to the 2nd respondent to consider and pass orders on Exhibit-P2 complaint dated 20.10.2022;
(ii) To issue a writ of mandamus or other appropriate writ order or direction to the 5th Respondent to take adequate measures to restrict such overloaded vehicles frequently crossing the Valayar Check Post appropriate remedies as per law; and (iii) To issue a writ of mandamus or other appropriate writ order or direction to direct the 8th respondent to take adequate measures to impose tax on the excess load carried by the vehicles illegally by evading Tax (GST).
2. Short facts leading to the filing of this writ petition are as under:
2.1. The petitioner, a public spirited person has
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approached this Court against the violation of heavy multi axle trucks carrying overload through the national highways from Tamil Nadu crossing Valayar check post every day which amounts to more than 346. The overload consists of huge granite (rocks) from Tamil Nadu. The prayer of the petitioner is for a direction to the 5th respondent to implement effective measures to regulate the overloaded vehicles crossing the Valayar Check post and for a direction to the 2nd respondent to consider Exhibit-P2 representation dated 20.10.2022 within a time frame.
3. The Transport Commissioner-respondent No.5 has filed a statement dated 13.02.2023, explaining the action taken against overloading. He has also produced Annexure-R5(a), which discloses the vehicles involved in cases pending and disposed of in Malappuram, Palakkad, and Thrissur Districts.
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4. Though the petitioner has sought for various reliefs, as stated supra, Mr. Kiran G., learned counsel for the petitioner submitted that, suffice that a direction be issued to the Principal Secretary, Department of Motor Vehicles, Secretariat, Thiruvananthapuram- respondent No.2, to dispose of Ext.P2 representation dated 20.10.2022. Submission of the learned counsel is placed on record.
5. Mr. Tek Chand V., learned Senior Government Pleader, submitted that he has no objection for issuing such a direction. Submission of the learned Senior Government Pleader is placed on record.
6. In the above facts of the matter, direction is issued to the Principal Secretary, Department of Motor Vehicles, Secretariat, Thiruvananthapuram – respondent No.2, to consider and pass orders on Exhibit-P2 representation dated 20.10.2022, in accordance with
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law, within a period of one month from the date of receipt of a copy of this judgment.
7. Petitioner is also permitted to forward a copy of Exhibit-P2 representation to the concerned authority.
Writ petition is disposed of with the above direction.
Sd/- S.MANIKUMAR CHIEF JUSTICE Sd/- MURALI PURUSHOTHAMAN JUDGE SB
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APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PHOTOGRAPHS OF THE VEHICLES PLYING OVERLOAD THROUGH MANNUTHY WITH HIGHWAY.
Exhibit P2 THE TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 DATED 20.10.2022 .
Exhibit P3 THE TRUE COPY OF THE SAMPLE SURVEY PERFORMED BY THE PETITIONERS ORGANISATION DATED 12.10.2022.
RESPONDENT ANNEXURES ANNEXURE R 5(a) TRUE COPY OF THE DETAILS OF THE VEHICLES COMPOUNDED BY REGIONAL TRANSPORT OFFICER (ENFORCEMENT), PALAKKAD, FOR THE OFFENCE OF OVERLOADING DURING THE PERIOD FROM 01.11.2022 TO 31.01.2023.