High Court of KeralaWP(C)/9536/2015disposed of

Johnson Mathew v. State Of Kerala

2015-06-26Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 WP(C).No. 9536 of 2015 (N) --------------------------- PETITIONER(S):

-------------------------- JOHNSON MATHEW, KANJIPUZHAYATH HOUSE, VALAKUZHY P.O., CHUZHANA, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR).

RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR VEHICLE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. JOINT REGIONAL TRANSPORT OFFICER, O/O. JOINT REGIONAL TRANSPORT OFFICER, MALLAPPALLY - 689 176.

3. DEPUTY TAHSILDAR (RR), TALUK OFFICE, MALLAPPALLY - 689 176.

4. VILLAGE OFFICER, VILLAGE OFFICE, EZHUMATTOOR, PATHANAMTHITTA - 689 406.

BY GOVT. PLEADER SMT.SOBHA ANNAMMA EAPEN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 9536 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:

TRUE COPY OF THE LETTER ISSUED BY THE CRANE OPERATOR DATED 20/09/2009.

EXT.P2:

TRUE COPY OF THE REGISTRATION CERTIFICATES OF THE VEHICLES WITH REG. KL-28-3855.

EXT.P3:

TRUE COPY OF THE TAX RECEIPT SHOWING THE PAYMENT. EXT.P4:

TRUE CPY OF THE DEMAND NOTICE DATED 12/03/2014. EXT.P5:

TRUE COPY OF THE DEMAND NOTICE DATED 31/12/2014. EXT.P6:

TRUE COPY OF THE CIRCULAR NO. 2/2015 DATED 05/01/2015. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.9536 of 2015 ----------------------------------- Dated this the 26th day of June, 2015

J U D G M E N T

The petitioner has approached this Court claiming the benefit of Circular No.2/2015.

2. It appears that, the petitioner has not approached the 2nd respondent, though he asserts that he has approached the 2nd respondent.

3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondents.

4. In order to avoid further controversy, the petitioner is directed to appear before the 2nd respondent on 30.06.2015 along with a request and also with the details of the tax remaining unpaid. If the petitioner appears at 11 a.m. on 30.06.2015 before the 2nd respondent, necessary orders shall be passed thereon. If the petitioner is entitled to pay the tax due based on the Scheme, necessarily he shall be allowed to pay the tax on the same day itself. The petitioner is also permitted to avail the benefit of the Scheme, after giving credit to the amount paid by him as per the interim order of this Court.

This writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.