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High Court of KeralaWP(C)/6224/2015disposed of

Sunny Antony v. State Of Kerala

2015-04-06Honourable 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 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937 WP(C).No. 6224 of 2015 (C) --------------------------- PETITIONER :

---------------------- SUNNY ANTONY AGED 50 YEARS, S/O.ANTONY, THOPPIL HOUSE THATHAMPALLY P.O., ALAPPUZHA BY ADV. SRI.B.PRAMOD RESPONDENT(S) :

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

1. STATE OF KERALA REPRESENTED BY THE ADDL.CHIEF SECRETARY TRANSPORT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695001.

2. THE TRANSPORT COMMISSIONER, II FLOOR, TRANS TOWERS, VAZHUTHAKKAD, THYKKADU P.O., THIRUVANANTHAPURAM-14.

3. THE REGIONAL TRANSPORT OFFICER, R.T.O.OFFICE, ALAPPUZHA - 688001

4. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), AMBALAPPUZHA.- 688001.

R1 TO R4 BY SR. GOVT. PLEADER SMT. SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 6224 of 2015 (C) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 11.12.2014.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 09.02.2015 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 06.01.2015 ISSUED TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE G.O.(P).NO.9/2014/TRANS.DATED 29.12.2014. EXHIBIT P6 TRUE COPY OF THE CIRCULAR DATED 05.01.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 COPY OF THE APPLICATION DATED 18-3-2015 FILED BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 COPY OF THE POSTAL RECEIPT.

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

A.K.JAYASANKARAN NAMBIAR, J.

................................................. ............................................... Dated this the 6th day of April, 2015

JUDGMENT

The petitioner, who is faced with revenue recovery proceedings for recovery of motor vehicle tax arrears, seeks a direction to the 3rd respondent to consider and pass orders on Ext.P7 application for One Time Settlement, that he has preferred before the 3rd respondent.

2. I have heard Sri.B.Pramod, the learned counsel for the petitioner and Smt.Sobha Annamma Eappen, the learned Government Pleader for the respondents.

3. On a consideration of the facts and circumstances of the case and also the submissions made across the Bar, and taking note of the fact that the petitioner has paid some amounts towards the arrears of motor vehicle tax, and is seeking the benefit of One Time Settlement Scheme in respect of the arrears, I dispose the writ petition with a direction to the 3rd respondent, before whom the petitioner has preferred Ext.P7 application, to consider and pass orders on the same, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner.

The recovery proceedings pending against the petitioner shall be kept in abeyance, till such time, as the 3rd respondent passes orders, as directed above, and communicates the same to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/06/04/