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2009 DIGILAW 154 (KER)

Roy Purathukaren v. Department Of Heavy Industry and Public

2009-02-17

ANTONY DOMINIC

body2009
Judgment : Antony Dominic, J. The petitioner submits that he is a physically handicapped person and that his disability is 45%. 2. Ext.P1 is ascheme announced by the Government of India providing for duty concession in respect of Cars that have been suitably designed to be driven by physically handicapped persons. According to the petitioner, by availing of the benefit of Ext.P1, he wanted to buy a Mercedes Benz C-Class automatic transmission vehicle. Therefore, he made Ext.P2 application to the 1st respondent enclosing an affidavit and a certificate issued by the 3rd respondent. It is stated that a medical certificate was also enclosed to prove his physical disability. Although, the application was made in October, 2008 final orders have not been passed thereon. Therefore, he pursued the matter by filing representations, but, however, those representations remain without any response. It is in these circumstances, the writ petition is filed. 3. As is seen from Ext.P2 and the certificate produced, what the petitioner claims is the benefit of Ext.P1 scheme for supply of car designed to be driven by physically handicapped customers on concessional rate of excise duty. For that the petitioner has made a claim before the authorities for the benefit of Ext.P1. Therefore, it is for the 1st respondent to take a decision on the claim made. 4. Since a decision on Ext.P2 has not been taken so far, I direct the 1st respondent to consider Ext.P2 in the light of the documents produced by the petitioner and pass final orders thereon. This shall be done as expeditiously as possible, at any rate, within three months of production of a copy of this judgment, along with a copy of this writ petition. The writ petition is disposed of as above.