High Court of KeralaWP(C)/5855/2015disposed of

N.Udayakumar v. Deputy Transport Commissioner, Kakkanad

2015-02-24Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 5855 of 2015 (F) --------------------------- PETITIONER:

------------------- N.UDAYAKUMAR, AGED 52 YEARS, S/O A.K.NARAYANAN, VIJAYA MANGALAM, VIRUPPALE, THAKAZY PO., ALAPPUZHA, PIN:688562.

BY ADVS.SRI.S.JAYAKRISHNAN SRI.V.K.UNNIKRISHNAN SRI.S.PARAMESWARA PRASAD RESPONDENT(S):

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

1. DEPUTY TRANSPORT COMMISSIONER, KAKKANAD, ERNAKULAM, PIN:682030.

2. THE REGIONAL TRANSPORT OFFICER, THE REGIONAL TRANSPORT OFFICE, ALAPPUZHA, PIN:688001.

3. DEPUTY TAHSILDAR (RR), KUTTANADU TALUK OFFICE, MANCOMBU, THEKKEKARA, PIN:690 107.

4. SALIM, PUTHUVAL VEEDU, NEERKUNNAM, VANDANAM, ALAPPUZHA, PIN:688 005.

5. JAFFER, MUTTATHARATHAZHATHIL, 10 PALLICKAL PADIYARU MYLAM, KOTTARAKARA, PIN:691 506.

R1 TO R3 BY GOVERNMENT PLEADER SRI.SUDHEESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5855 of 2015 (F) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1:

TRUE COPY OF THE CHARGE MEMO DATED 25.9.2008 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE MEMO DATED 17.9.2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P3:

TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT DATED 9.9.2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITONER.

EXHIBIT P4:

TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT DATED 10.9.2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P5:

TRUE COPY OF THE MEMO DATED 21.4.2010 ISSUED TO THE PETITIONER.

EXHIBIT P6:

TRUE COPY OF THE APPEAL DATED 9.8.2011 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT.

EXHIBIT P7:

TRUE COPY OF REPLY LETTER NO.G/195/2015/A DATED 10.2.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P8:

TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.5855 of 2015 ............................................................. Dated this the 24th day of February, 2015 J U D G M E N T The limited prayer of the petitioner in this writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P8 representation that has been filed by the petitioner before him.

2. I have heard Sri.S.Jayakrishnan, the learned counsel for the petitioner and Sri.Sudheesh Kumar, the learned Government Pleader for the official respondents.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I direct the 1st respondent to consider and pass orders on Ext.P8 representation submitted by the petitioner within a period of two months from the date of receipt of a copy of this judgment. It is made clear that till such time as the 1st respondent passes orders as directed above and communicates the same to the petitioner. The recovery proceedings for recovery of the motor vehicle tax dues from the petitioner shall be kept in abeyance.

A.K.JAYASANKARAN NAMBIAR JUDGE mns