High Court of KeralaWP(C)/7060/2015disposed of

A.Selvam v. The Regional Transport Officer

2015-03-05Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 WP(C).No. 7060 of 2015 (F) -------------------------------------- PETITIONER(S):

---------------------- A.SELVAM, S/O.ARUMUGHAM CHETTIAR III/727 TB ROAD, VADAKKANCHERRY.

BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):

------------------------- THE REGIONAL TRANSPORT OFFICER, THRISSUR 680001.

BY GOVERNMENT PLEADER SRI.SUDHEESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7060 of 2015 (F) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

COPY OF THE RELEVANT PAGES OF THE RC BOOK P2:

COPY OF THE REPORT SUBMITTED BY THE FIELD OFFICER DATED 29.11.2012 P3:

COPY OF THE 'G' FORM SUBMITTED BY THE PETITIONER FOR THE PERIOD FROM 01.02.2013 TO 31.03.2013 P4:

COPY OF THE 'G' FORM SUBMITTED BY THE PETITIONER FROM 01.04.2013 TO 31.03.2014 P5:

ACKNOLWLEDGMENT EVIDENCING SUBMISSION OF 'G' FORM FROM 01.01.2014 TO 31.12.2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.7060 OF 2015 (F) ----------------------------------- Dated this the 5th day of March, 2015

J U D G M E N T

The petitioner, who has approached the respondent with a request for considering the 'G' Form submitted by the petitioner, for the period from 1.9.2012 onwards, in connection with a claim for exemption from payment of tax for the period covered therein, is aggrieved by the inaction on the part of the respondent to pass orders on the application preferred by the petitioner.

2. I have heard Sri.O.D.Sivadas, the learned counsel appearing for the petitioner as also Sri.Sudheesh Kumar, the learned Government Pleader appearing for the respondent. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the respondent to consider the 'G' Form submitted by the petitioner for the period from 1.9.2012 onwards, in connection with his claim for exemption from payment of tax for the period covered by the 'G' Forms, and take a decision in the matter of

W.P.(C).No.7060/2015 exemption, especially in the light of Ext.P2 report submitted by the Joint Regional Transport Officer, Alathur. If the petitioner is found entitled for the exemption, then the necessary endorsement in the registration certificate of the petitioner shall also be made by the respondent. The respondent shall take a decision, as directed, within a period of two weeks from the date of receipt of a copy of this judgment, after hearing the petitioner.

A.K.JAYASANKARAN NAMBIAR JUDGE prp