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High Court of KeralaWP(C)/858/2015disposed of

Sumi Sugunan v. The Joint Regional Transport Officer

2015-01-12Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 858 of 2015 (F) -------------------------- PETITIONER:

------------------ SUMI SUGUNAN AGED 31 YEARS SUMI BHAVANAM, PATTANAKKAD P.O., CHERTHALA ALAPPUZHA.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S):

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

1. THE JOINT REGIONAL TRANSPORT OFFICER CHERTHALA, ALAPPUZHA - 688 524.

2. THE SUB INSPECTOR OF POLICE, CHAVARA, KOLLAM- 691 583.

3. THE DISTRICT COLLECTOR, ALAPPUZHA - 688 001.

4. THE DEPUTY TAHASILDAR, REVENUE RECOVERY, TALUK OFFICE, CHERTHALA, ALAPPUZHA DISTRICT - 688 524.

5. THE VILLAGE OFFICER, PATTANAKKAD, CHERTHALA, ALAPPUZHA - 688 531.

6. POOKUNJU, S/O. ABDUL KAREEM, NOUSHAD MANZIL, VENGA MURI VENGA P.O., MINAKKAPPALLY, KOLLAM DISTRICT - 690 521. BY GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 858 of 2015 (F) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- EXHIBIT-P1-TRUE COPY OF THE R.C BOOK WITH ITS NO.KL-04-L-5953 EXHIBIT-P2-TRUE COPY OF THE SALE AGREEMENT DATED 24/02/2010 EXHIBIT-P3-TRUE COPY OF THE REVENUE RECOVERY NOTICE WITH NO. TALUK (B4) FILE NO. 2014/895/4/200 DATED 19/09/2014.

EXHIBIT-P4-TRUE COPY OF THE REVENUE RECOVERY NOTICE WITH NO. TALUK (B4) FILE NO. 2014/895/4/200 DATED 19/09/2014.

EXHIBIT-P5-TRUE COPY OF THE PETITION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II CHERTHALA DATED OCTOBER, 2011. EXHIBIT-P6-TRUE COPY OF THE CERTIFICATE DATED 16/11/2014 EXHIBIT-P7-TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER IST AND 4TH RESPONDENT DATED 08/12/2014.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // TRUE COPY\\ P.A TO JUDGE iap

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- ----------------------------------- Dated this the 12th day of January, 2015

J U D G M E N T

The petitioner, who was the owner of a goods carriage vehicle bearing registration number KL 4/L/5953 is stated to have sold the vehicle to the 6th respondent on 24.02.2010. It is the case of the petitioner that the vehicle was apprehended by the police authorities in connection with an offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and retained in police custody with effect from 9.6.2010. The petitioner has now been served with Exts.P3 and P4 revenue recovery notices in connection with the recovery of motor vehicle tax dues in respect of the vehicle from 01.06.2010 onwards. According to the petitioner, for the period subsequent to 24.02.2010, he will not be liable for payment of motor vehicle tax since he was not either in ownership, possession or control of the vehicle after that date.

That apart, it is stated that the vehicle has been in police custody from 09.06.2010 onwards, and therefore, by virtue of Section 22 of the Kerala Motor Vehicle Taxation Act, read with the notification issued by the Government, there was an exemption from payment of motor vehicle tax in respect of the vehicle for the period during which it was in police custody. The petitioner has preferred Ext.

seeking for a modification of the revenue recovery notices served on him. It is his prayer in the writ petition that coercive steps for recovery of tax pursuant to Exts.P3 and P4 be suspended, till such time as orders are passed by the 1st and 4th respondents on Ext.P7 representation.

2. I have heard Sri.G.Prabhakaran, the learned counsel for the petitioner and Smt.Sobha Annamma Eappen, the learned Government Pleader appearing on behalf of the respondents.

3. On a consideration of the facts and circumstances of the case and submissions made across the bar, I dispose the writ petition with a direction to the 1st and 4th respondents to consider and pass orders on Ext.P7 representation filed by the petitioner before them, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. Coercive steps pursuant to Exts.P5 and P4 notices shall be kept in abeyance till such time as orders are passed by the 1st and 4th respondents, as directed above, and communicated to the petitioner. A.K.JAYASANKARAN NAMBIAR JUDGE mns