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2020 Supreme(Ker) 831

Secretary Transport Department – Appellant
Versus
Shibumon P. V, S/o. Bhaskaran – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. P. Ravindranath-Spl.G.P.
For the Respondent: Sri.Paul K.Varghese, Shri.Asadu Ahmmed Chullinte

JUDGMENT :

Shaffique, J.

These appeals have been filed by the officers of the State challenging judgment of the learned Single Judge disposing of the writ petitions filed by party respondents by issuing the following directions:-

    "37. As a result of my above discussion I summarise my judgment on the issues noted above as follows:

(a) Section 3(6) of Motor Vehicles Taxation Act, 1976 is within the competence of State legislature and Section 3(6) is not in any manner repugnant to Chapter IV of Motor Vehicles' Act, 1988 or ultra vires Act 1976. Section 3(6) therefore is valid and legal.

(b) The registration of a non-transport vehicle and payment of registration fee under Act 1988 or payment of motor vehicle tax under a State legislature continues to be valid so long as the vehicle is kept and used in the State in which it is registered. These vehicles if enter State of Kerala and stay beyond the period stipulated by the State enactment, the vehicle is required to pay vehicle tax as per Section 3(6) read with Annexure III of Schedule of Act 1976.

(c) The impugned orders calling upon the petitioners to register the subject vehicles in State of Kerala and pay life tax are set aside as illegal,

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