← Library
High Court of KeralaWA/553/2013disposed of

K.P.Babu v. Joint Regional Transport Officer

2015-06-08Honourable Mr. Justice K.P.Jyothindranath,Honourable Mr.Justice T.R.Ramachandran Nair3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 WA.No. 553 of 2013 () IN WP(C).1496/2013 ------------------------------------------ AGAINST THE ORDER/JUDGMENT IN WP(C) 1496/2013 of HIGH COURT OF KERALA DATED 31-01-2013 APPELLANT(S)/PETITIONER:

---------------------------------------------- K.P.BABU S/O.PATHROSE, RESIDING AT ADVENTIST HOME THAZHAVA P.O., KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT(S)/RESPONDENTS:

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

1. JOINT REGIONAL TRANSPORT OFFICER KARUNAGAPALLY, KOLLAM DISTRICT, PIN 690 518.

2. SUB INSPECTOR OF POLICE, CHAKKUVALLI, KOLLAM DISTRICT, PIN 690 518.

3. DISTRICT COLLECTOR, KOLLAM, PIN 695 001.

4. TAHSILDAR, KARUNAGAPPALLY 690 518.

BY SR. GOVERNMENT PLEADER SHRI SEBASTIAN CHAMPAPILLY THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-06-2015, ALONG WITH WPC. 10529/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R. RAMACHANDRAN NAIR & K.P. JYOTHINDRANATH, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.553/2013 & W.P.(C) No.10529/2015 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2015

JUDGMENT

Ramachandran Nair, J.

The writ appeal is filed by the appellant aggrieved by the judgment of the learned Single Judge in dismissing the writ petition. The challenge was made against Ext.P5 demand notice dated 1.12.2012. The appellant is the registered owner of a bus bearing Reg. No.KL-2W-6388 which is covered by a contract carriage permit issued by the Regional Transport Authority. The issue raised in the writ appeal is with regard to the liability for payment of Motor Vehicles Tax for which Ext.P5 demand notice was issued. W.P.(C) NO.10529/2015 is filed for a direction to issue revised demand relating to the above vehicle. The learned Single Judge refused to entertain the challenge made against Ext.P5 also. We find no reason to interfere with the same and hence the Writ Appeal fails.

WA 553/2013 & WPC 10529/2015

2. Learned counsel for the appellant then submitted that the appellant may be permitted to approach the authorities concerned for one time settlement, which was introduced as per Ext.P5 produced in W.P.(C) No.10529/2015.

3. We heard learned Special Government Pleader for Taxes. According to the learned Special Government Pleader, the last date for submitting application for one time settlement is on 30.6.2015 and a notice has already been issued to the appellant also.

4. In that view of the matter, since the said facility can be availed of by the appellant/petitioner, we direct the Joint Regional Transport Officer, the first respondent in the writ petition, to consider the application to be submitted by the appellant/petitioner for one time settlement in accordance with the scheme.

The writ appeal and the writ petition are accordingly disposed of. No costs.

(T.R. RAMACHANDRAN NAIR, JUDGE.) (K.P. JYOTHINDRANATH,, JUDGE.) kav/