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Managing Partner, P.A. Constructions vs. The Joint Regional Transport Officer

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WP(C)/17952/2021HC KeralaGSTCNR KLHC01047303202110 September 2021Bench: HONOURABLE MR. JUSTICE SATHISH NINAN6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943 WP(C) NO. 17952 OF 2021 PETITIONER: MANAGING PARTNER, P.A. CONSTRUCTIONS CONSTRUCTIONS, PUTHENPURAKKAL BUILDINGS, VIII/369, SANTHIPURAM, KODUNGALLUR, THRISSUR-680 668 BY ADV P.DEEPAK RESPONDENTS: 1 THE JOINT REGIONAL TRANSPORT OFFICER KODUNGALLUR, SUB REGIONAL TRANSPORT OFFICE, KODUNGALLUR, THRISSUR-680 664 2 NATIONAL INFORMACTICS CENTRE, A-BLOCK, LODHI ROAD, CGO COMPLEX, NEW DELHI-110 003 (REPRESENTED BY ITS DIRECTOR GENERAL) BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA BY SMT.SHEEJA C.S., SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SATHISH NINAN, J. = = = = = = = = = = = = = = = = = = W. P. (C) No.17952 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 10th day of September, 2021 J U D G M E N T The petitioner is aggrieved by the failure on the part of the first respondent to consider Exts.P6, P6(a) and P6(b) applications for 'No Objection Certificates' under Section 48 of the Motor Vehicles Act by insisting on the petitioner to clear/compound the pending check reports against the vehicles.

2.

The petitioner is the registered owner of goods carriages bearing registration Nos.KL-47-E-9536, KL-47- E-9234 and KL-47-F-2138. The petitioner owns a stone crusher unit in Tamilnadu. He intends to remove the three vehicles aforementioned, to the State of Tamilnadu. The petitioner needs to obtain a new registration mark from the registering authority Madurantakam in terms of Section 47 of the Act. Proviso

W. P. (C) No.17952 of 2021 -: 2 :- to Section 47(1) requires the production of a 'No Objection Certificate' under Section 48, from the registering authority with which the vehicle is presently registered. Though Ext.P6 series applications mentioned first above were submitted, the same are not being considered for the reason that “check reports are pending against the vehicles”. Aof the communication has been marked as Ext.P7. 3. Heard learned counsel for the petitioner and also the learned Government Pleader.

4.

In Shemeer V. v. The Joint Regional Transport Officer, Perumbavoor [2018 (2) KLT 692] and M. V. Jose v. The Regional Transport Officer [W.P.(C) No.27896/2020], this court has held that pendency of check reports shall not be a ground to refuse consideration of the applications under Section 48, for NOC.

W. P. (C) No.17952 of 2021 -: 3 :- In the light of the above, there will be a direction to the first respondent to consider Ext.P6, P6(a) and P6(b) applications submitted by the petitioners, without insisting for clearing/compounding of any pending check reports against the vehicle. SATHISH NINAN JUDGE kns/- //// P.S. to Judge

APPENDIX OF WP(C) 17952/2021 PETITIONER EXHIBITS Exhibit P1 AOF REGISTRATION CERTIFICATE OF KL-47-E-9536 Exhibit P1A AOF REGISTRATION CERTIFICATE OF KL-47-E-9234 Exhibit P1B AOF REGISTRATION CERTIFICATE OF KL-47-F-2138 Exhibit P2 AOF GOODS CARRIAGES PERMIT ISSUED TO KL-47-E-9536 Exhibit P2A AOF GOODS CARRIAGES PERMIT ISSUED TO KL-47-E-9234 Exhibit P2B AOF GOODS CARRIAGES PERMIT ISSUED TO KL-47-F-2138 Exhibit P3 AOF TAX LICENSE ISSUED TO KL-47-E- 9536 Exhibit P3A AOF TAX LICENSE ISSUED TO KL-47-E- 9234 Exhibit P3B AOF TAX LICENSE ISSUED TO KL-47-F- 2138 Exhibit P4 AOF THE GST REGISTRATION CERTIFICATE ISSUED ON 03.08.2018 Exhibit P5OF THE SURRENDER INTIMATION DATED 16.07.2021 IN RESPECT OF KL-47-E-9536 Exhibit P5AOF THE SURRENDER INTIMATION DATED 16.07.2021 IN RESPECT OF KL-47-E-9243 Exhibit P5BOF THE SURRENDER INTIMATION DATED 16.07.2021 IN RESPECT OF KL-47-F-2138 Exhibit P6OF THE APPLICATION FOR NO OBJECTION CERTIFICATE DATED 18.08.2021 IN RESPECT OF KL-47-E-9536

APPENDIX OF WP(C) 17952/2021

-2- Exhibit P6AOF THE APPLICATION FOR NO OBJECTION CERTIFICATE DATED 18.08.2021 IN RESPECT OF KL-47-E-9234 Exhibit P6BOF THE APPLICATION FOR NO OBJECTION CERTIFICATE DATED 18.08.2021 IN RESPECT OF KL-47-F-2138 Exhibit P7 AOF THE COMMUNICATION DATED 18.08.2021 WITH THE DOCUMENTS ATTACHED THERETO Exhibit P8OF THE JUDGMENT REPORTED IN 2018(2) KLT 692 Exhibit P9OF THE JUDGMENT DATED 05.07.2021 IN WPC NO.27876 OF 2020 -----

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.