P J BIJOY Vs. REGIONAL TRANSPORT OFFICER ENFORCEMENT

JUDGEMENT

(1.) THE petitioner, who is operating a Tourist Mini bus in Kerala, has obtained a special permit temporarily for a period from 22.02.2010 to 28.02.2010, to bring the Tourists from Munnar via Bodi, THEni to Madurai and take them back via THEni, Kumili to Munnar again during the said period of seven days. When the vehicle was checked by the authorities in Tamilnadu, it was alleged by the respondent Enforcement Wing that the special permit obtained by the petitioner under Section 88(8) of the Motor Vehicle Act to perform one single round trip picking up the passengers and after 7 days tour in Tamilnadu and drop the same tourists halt at Kerala, as against the special permit by misusing the permit to carry tourists picked up at Madurai Airport and proceeding to Ponyar (Kerala) for visit and departure to THEni. Based on the finding by the Enforcement Wing, a show cause notice came to be issued to the petitioner by the respondent on 25.03.2010. As per the show cause notice, it is seen that in cases of misuse of said special permit issued under Section 88(8) of the M.V.Act, any State Transport Authorities have right to adjudicate and impose tax for violation. THE show cause notice shows that for the violation committed in respect of 35 passengers in picking up them from Madurai Airport to Kerala, which is against the special permit issued under Section 88(8) of the M.V.Act, it is proposed to impose tax of Rs.1,06,050/- including the 1% tax of Rs.1,050/.

(2.) IT is the case of the petitioner that he has not violated the terms of special permit issued by the Transport Authorities, Kerala and he has also given an explanation to the show cause notice to that effect. IT is his case that the vehicle has come empty from Kerala and after reaching Madurai Airport only, the vehicle has picked up the 35 foreign passengers on 23.02.2010 to visit Madurai and they would be taken back to Karala on the date of expiry of the special permit issued by the Government of Kerala under Section 88(8) of the M.V.Act and therefore, according to the petitioner, as vehemently submitted by the learned counsel appearing for the petitioner, the petitioner has not committed any violation of the terms of special permit. IT is his further case that inasmuch as the special permit, which was obtained from Kerala legally as per the Central Act, on payment of necessary taxes in accordance with law, the adjudication initiated or the seizure of the original documents in respect of the vehicle under Section 88(8) of the M.V. Act is illegal. Therefore, there is a duty on the part of the respondent to release the document forthwith and hence the writ petition for direction to return the original document in respect of vehicle bearing registration No.KL-07 BM 300 is filed.

(3.) IN such view of the matter, the writ petition stands disposed of directing the respondent to release the original records of the contract carriage permit covered by the vehicle bearing registration No.KL 07 BM 300 on condition that the petitioner shall furnish bank guarantee to the value of Rs.1 lakh to the respondent authority and the bank guarantee should be kept alive till the adjudication process is completed. It is made clear that the release of such documents shall be subject to the final decision, which will be arrived by the adjudicating authority as per the M.V.Act. It is also made clear that after furnishing of such bank guarantee and complying with the condition of furnishing of xerox copies of the documents and on releasing such original documents, the adjudicating process shall be completed by the respondent by giving due opportunity to the petitioner within a period of four weeks and after the adjudication process is completed, it is for the petitioner to workout his remedy before the appropriate forum. No costs.