Registered Metal Crusher Units Owners Association vs. The Transport Commissionr
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNE AY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942 WP(C).No.4011 OF 2021(B) PETITIONER: REGISTERED METAL CRUSHER UNITS OWNERS ASSOCIATION REPRESENTED BY ITS PRESIDENT, SASEENDRAN VASAVAN, S/O.VASAVAN, KIZHAKKUMKARA HOUSE, THOTTAKKAD, THIRUVANANTHAPURAM, PIN-695605. BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA RESPONDENTS: 1 THE TRANSPORT COMMISSIONR TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM, PIN-695014. 2 THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM, PIN-695004. 3 THE COMMISSIONER, KERALA STATE GST DEPARTMENT, THIRUVANANTHAPURAM, PIN-695002. 4 THE DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN-695036. 5 THE DIRECTOR GENERAL POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695004. 6 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM-695001. OTHER PRESENT: SR.GP K.P HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).4011/2021 2 JUDGMENT Petitioner is a registered owners' association of the Metal Crusher Units established in and around Thiruvananthapuram.
The allegation of the petitioner is that, vehicles carrying granites are being transported to Kerala through check posts, after filling up the truck beyond the permitted capacity. This not only causes loss to exchequer but, is a serious violation of S.113 of the Motor Vehicles Act also, it is contended. Accordingly, Exts.P1 to P5 representations were submitted by the petitioner before the competent authority. No action has been taken, it is lamented.
When the matter was taken up, it was submitted by the learned senior Government Pleader that, pursuant to representations submitted by the petitioner, circular dated 18.02.2021 was issued directing that, strict action shall be taken if vehicles with overloaded granites enter the Kerala boarder. It is also stated that, subsequently, by another communication dated 03.03.2021, all subordinate officers were directed to furnish details regarding the action taken on the above circular.
In the light of the above submission which is recorded, I am inclined to direct that the respondents shall take effective steps to ensure that the circular is implemented strictly in accordance with law
W.P(C).4011/2021 3 and wherever there is a breach of the order, primitive measures shall also be taken. Writ Petition is disposed of as above. SUNIL THOMAS Sbna JUDGE
W.P(C).4011/2021 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 THE COPY OF THE REPRESENTATION DATED 27.01.2021 SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P2 THE COPY OF THE REPRESENTATIONS SUBMITTED BEFORE THE RESPONDENT NO.
EXHIBIT P3 THE COPY OF THE REPRESENTATIONS SUBMITTED BEFORE THE RESPONDENT NO.
EXHIBIT P4 THE COPY OF THE REPRESENTATIONS SUBMITTED BEFORE THE RESPONDENT NO.
EXHIBIT P5 THE COPY OF THE REPRESENTATIONS SUBMITTED BEFORE THE RESPONDENT NO.5.
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.