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2018 Supreme(Online)(KER) 2911

HIGH COURT OF KERALA
ANTONY DOMINIC, CJ, DAMA SESHADRI NAIDU, J
A K BALAKRISHNAN NAIR – Appellant
Versus
SECRETARY TO GOVERNMENT – Respondent


JUDGMENT

Dama Seshadri Naidu, J.

Introduction:

People buy cars, not much of a concern. Some of them buy cars in other states, still not much of a concern. But they register the vehicles in those states only to be used in this State. That is the concern, at least for the State. So the State mistrusts this practice and brings in legislation to curb it. A nonagenarian cries foul. Pro bono publico, he wants to champion the cause of this affluent assortment of people. They suffer no disability to come to the court on their own, though. Can this crusading spirit be countenanced?

Facts:

2. We will go into the details. Some people, presumably affluent, buy cars at a place like Pondicherry, a Union Territory;

they also register the vehicles there, showing some residential address—genuine or otherwise—for an ostensible reason: less motor vehicle tax. But they bring the vehicles to Kerala to be used. The Government of Kerala has a legislative recourse to curb that practice.

3. We are not going into the merits of that practice or its justifiability. Though the cars are purchased by affluent people, by spending lakhs or even crores, they have not come before this court to ventilate their grievance. I

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