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1996 Supreme(Ker) 270

K.NARAYANA KURUP
Sivapalan – Appellant
Versus
R. T. O. Kollam – Respondent


Judgment :-

K. Narayana Kurup, J.

Petitioner is the registered owner of a stage carriage bearing Registration No. KL.2/9797. It is covered by a regular permit to operate on the route Kottayam - Kollam Civil Station. The Motor Vehicles Inspector attached to the Office of the respondent issued a charge memo to the petitioner alleging that on 11.7.1992 he has inspected the vehicle at Thattamala Junction and found that the petitioner's vehicle was carrying a marriage party. In Ext. P1 charge memo, the petitioner was given an option to compound the offence under S.86(5) of the Motor Vehicles Act, 1988 by paying a sum of Rs. 500/-. Since there is a specific provision in Ext. P1 for compounding the offence, the petitioner has compounded the same by remitting a sum of Rs. 500/-.

2. The grievance of the petitioner as highlighted before me in this Original Petition is that inspite of the fact mat he has compounded the offence, the respondent has issued Ext. P2 letter to the petitioner directing him to remit the tax at contract carriage rate due for quarter ending 31.9.1992 within 7 days from the date of receipt of Ext. P2 memo. Ext. P2 is under challenge in this Original Petition.

3. The State


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