M C SUNIL Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The appeals are at the instance of the same petitioner in both the writ petitions. The issue is whether the petitioner's goods carriage vehicle, bearing No. KL-9/C 2968, which has been issued a national permit as per Ext. P1 in O.P. No. 12791 of 2001 is liable to pay authorisation fee and composite fee in respect of the years covered by the period of the national permit, in case the authorisation has actually not been issued.

(2.) The vehicle No. KL-9/C 2968 was issued national permit under Section 88 (12) of the Motor Vehicles Act, 1988 read with Rule 87 of the Central Motor Vehicles Rules, 1989 and Rule 235 of the Kerala Motor Vehicles Rules, 1989. The validity of the permit was from 22-11-1995 to 21-14-2000. The petitioner initially applied for authorisation in respect of ten States, as can be seen from Ext. P3, and the required authorisation fee was also paid. It is the case of the petitioner that though there was permit, owing to unavoidable circumstances, he could not operate the vehicle outside the home State, Kerala and hence he had not applied for authorisation except for the first year of permit referred to above as per Ext. P3. The Department also does not have a case that there was any authorisation issued to the vehicle other than Ext. P3 for one year. However, on the ground that the petitioner surrendered the national permit only in November, 2000, a presumption is drawn that the petitioner has actually plied the vehicle inter-State. In the States already indicated in Ext. P3 and hence authorisation fee and composite fee for the remaining four years were charged. The learned single Judge taking note of Ext. P6 representation produced in P. No. 10363 of 1998, wherein he had expressed his desire to surrender the national permit facility and the date of Ext.P6 being 9-3-1998 and taking the year of authorisation as ending on 21-11-1998, disposed of the writ petition justifying the levy of authorisation fee and composite fee up to 21-11-1998. Aggrieved, the writ appeals are filed.

(3.) Section 88 (12) authorises the issuance of national permit by the State Transport Authority. "National permit" is defined at Explanation (c) to Section 88, which reads as follows :