C. Sharafudheen v. Rto,Malappuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937 WP(C).No. 5185 of 2006 (P) --------------------------- PETITIONER :

----------------- C.SHARAFUDHEEN, S/O.BEERANKUTTY, CHEENIKKAL HOUSE, MUTHUR, TIRUR, MALAPPURAM.

BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENTS :

-----------------------

1. REGIONAL TRANSPORT OFFICER, MALAPPURAM.

2. THE DEPUTY TAHSILDAR (RR), TIRUR.

R1 & R2 BY GOVERNMENT PLEADER SMT. M.T. SHEEBA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 5185 of 2006 (P) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE RENEWAL FO PERMIT DT 7/1/2005 OF THE R1. P2(a): COPY OF FORM 'G' INTIMATION OF NON-USE OF A VEHICLE DT 7/4/2005. P2(b): COPY OF FORM 'G' INTIMATION OF NON-USE OF A VEHICLE DT 7/7/2005. P2(c): COPY OF 'G' INTIMATION OF NON USE OF A VEHICLE DT 6/10/2005. P2(d): COPY OF 'G' INTIMATION OF NON-USE OF A VEHICLE DT 7/1/2006. P3:

COPY OF REVENUE RECOVERY NOTICE ISSUED BY THE R2 TO THE PETITIONER, DT 3.2.2006.

RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.5185/2006 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th Day of June, 2015

J U D G M E N T

The writ petition is filed challenging motor vehicle tax. This Court, on 22/02/2006, granted an interim order of stay on condition that the petitioner deposits Rs.50,000/- on or before 25/03/2006. The petitioner did not comply with the said order. The petitioner's case is that his vehicle is garaged and therefore he is not liable to pay the amount. 2.

The tax payable is in respect of the vehicle and therefore any person who is in possession is bound to pay tax in respect of the vehicle. In that view of the matter, I do not find any merit in the writ petition, accordingly, the same is dismissed.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms