P. JOHN CHRISTOPHER Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) The petitioners claim to be the owners of four excavators, having registration Nos. TN 30 AC 5352, TN 72 AA 1342, TN 07 BH 4794 and TN 75 Y 3196 respectively.

(2.) According to the petitioners, the vehicles in question are registered as non-transport vehicles and that they do not require any permit to operate in the State of Kerala. They allege that even though they had paid tax, as applicable in the State of Kerala as per the Kerala Motor Vehicle Taxation Act, copies of the receipts of which have been produced on record as Exhibits P1 to P4, respondents 6 to 8, who are owners of similar vehicles in Kerala are obstructing them from operating the said vehicles. They, therefore, pray that the concerned police officials be directed to afford them effective and adequate protection from the threats and violence from respondents 6 to 8.

(3.) The learned senior Government Pleader submits, on instructions, that a statement has been filed by the Joint Regional Transport Officer, Kazhakkoottum, as directed by this Court on 09.08.2018, averring that even though the vehicles of the petitioners are registered as non-transport ones, thus requiring no permit, they are obligated to pay tax for operating in Kerala under the Kerala Motor Vehicles Taxation Act. He says that on enquiry by the competent Authority, it has been found that as regards the vehicles bearing Nos. TN30 AC 5352 and TN BH 4794, the tax has been accepted by the Authorities in error until 31.12.2018, because it should have been accepted only until 31.12.2017 and that steps have now been taken to initiate refund of the excess tax paid. He further says that as regards the vehicle bearing No. TN 75 Y 3196 is concerned, the tax collected with respect to this vehicle was only till 31.12.2018 and therefore, that the said vehicle cannot be now permitted to ply in Kerala any further. As regards the 3rd vehicle, namely TN 72 AA 1342 is concerned, he says that the said vehicle is found to have no valid documents at all. The learned senior Government Pleader, therefore, submits that the petitioners' plea for police protection is not tenable.