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2005 Supreme(Ker) 193

K.T.SANKARAN, KURIAN JOSEPH
M. C. Sunil – Appellant
Versus
The Regional Transport Officer – Respondent


Judgment :-

Kurian Joseph, J.

The appeals are at the instance of the same petitioner in both the writ petitions. The issue is whether the petitioner’s goods carriage vehicle, bearing No. KL-9/C 2968, which has been issued a national permit as per Ext.P1 in O.P. No. 12791 of 2001 is liable to pay authorization fee and composite fee in respect of the years covered by the period of the national permit, in case the authorization has actually not been issued.

2. The vehicle No. KL-9/C 2968 was issued national permit under Section 88(12) of the Motor Vehicles Act, 1988 read with rule 87 of the Central Motor Vehicles rules, 1989 and Rule 235 of the Kerala Motor Vehicles Rules, 1989. The validity of the permit was from 22.11.1995 to 21.11.2000. The petitioner initially applied for authorization in respect of ten States, as can be seen from Ext.P3, and the required authorization fee was also paid. It is the case of the petitioner that though there was permit, owing to unavoidable circumstances, he could not operate the vehicle outside the home State. Kerala and hence he had not applied for authorization except for the first year of permit referred to above as per Ext.P3. The Department also d












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