High Court of KeralaWP(C)/10603/2015disposed of

Sulochana Sajeev v. Joint Regional Transport Officer

2015-06-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 WP(C).No. 10603 of 2015 (A) ---------------------------- PETITIONER :

------------------------ SULOCHANA SAJEEV,W/O.SAJEEV, AGED 46 YEARS, RESIDING AT CHOONDACHERIL HOUSE, AMANAKARA P.O., RAMAPURAM, PALA,KOTTAYAM DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI.V.C.JOSE, AGED 51 YEARS, S/O.CHACKO, VADAKKEKUDIYIRUPPIL HOUSE, UZHAVOOR, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT(S):

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

1. JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, UZHAVOOR, KOTTAYAM DISTRICT-686 001.

2. REGIONAL TRANSPORT OFFICER, PALAKKAD-678 001.

BY GOVERNMENT PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 10603 of 2015 (A) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE DEMAND NOTICE DATED 04/12/2013 CLAIMING AN AMOUNT OF RS.6,98,250/- FOR THE PERIOD 01/04/2009 TO 31/12/2013. EXHIBIT-P2:

TRUE COPY OF THE REVISED DEMAND NOTICE DATED 13.03.2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P3:

TRUE COPY OF THE JUDGMENT DATED 25.06.2014 PASSED IN W.P.C.NO.12893/2014.

EXHIBIT-P4:

TRUE COPY OF THE NOTIFICATION NO.GO(P) NO.91/2014/TRAN DATED 29.12.2014.

EXHIBIT-P5:

TRUE COPY OF THE CIRCULAR NO.2/2015 DATED 05.01.2015 ISSUED BY THE TRANSPORT COMMISSIONER.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.10603 of 2015 ----------------------------------- Dated this the 8th day of June, 2015

J U D G M E N T

The petitioner is the registered owner of a contract carriage vehicle. She has approached the 1st respondent for availing the benefit of 'One Time Settlement Scheme' to settle the arrears of Motor Vehicle Tax. On account of non consideration of the said application, the petitioner approached this Court.

2. It appears that, there is no continues arrears for five years. For the said the reason, it is not taken up by the 1st respondent. The learned counsel for the petitioner submits that, Clause 6 of the Circular dated 05.01.2015, produced as Ext.P5, clarifies the legal position.

Considering the facts and circumstances of the case, this writ petition is disposed of directing the 1st respondent to consider the application submitted by the petitioner before the expiry of outer limit for consideration of such an application and to pass appropriate orders after adverting relevant circulars.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.