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2019 Supreme(Online)(KER) 36968

HIGH COURT OF KERALA
MOHAMMED NAVAS C.T – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['SRI BECHU KURIAN THOMAS SR', '', 'SRI LEO LUKOSE', 'SRI PAUL JACOB P', 'GOVERNMENT PLEADER']

[ WP(C).9936/2018, WP(C).19201/2018, WP(C).22577/2018,

WP(C).30163/2018 ]

Dated this the 16th day of July 2019

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 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

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