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2019 Supreme(Online)(KER) 35982

HIGH COURT OF KERALA
S.V. BHATTI, J
MOHAMMED SABAH – Appellant
Versus
THE ASSISTANT REGISTERING AUTHORITY – Respondent


JUDGMENT

These writ petitions were heard along with W.P.(C)

No.33231 of 2018 and connected cases. Vide judgment dated 16th July, 2019, W.P.(C) No.33231 of 2018 and connected cases were disposed of. The operative portion of the judgment reads thus:

“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 (6) is not in any manner repugnant to Chapter IV of Motor Vehicles' Act, 1988 or ultra vires Act 1976. (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 ill

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