High Court of KeralaWP(C)/15773/2015disposed of

Jayasree.C.K. v. The Joint Regional Transport Officr, Wadakkancherry

2015-05-28Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 WP(C).No. 15773 of 2015 (V) ---------------------------- PETITIONER :

--------------------- JAYASREE C.K., AGED 36 YEARS S/O. MURALEEDHARAN, PELAKKATT HOUSE, VENGANELLUR P.O. CHELAKKARA (VIA), THRISSUR DISTRICT.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN H.

RESPONDENTS :

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

1. THE JOINT REGIONAL TRANSPORT OFFICR, WADAKKANCHERRY, THRISSUR DISTRICT, PIN-680582.

2. THE TRANSPORT COMMISSIONER TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

3. THE DEPUTY TAHSILDAR (RR) THALAPPILLY TALUK, WADAKKANCHERRY, THRISSUR DISTRICT, PIN-680582.

4. THE VILLAGE OFFICER VENGANELLUR VILLAGE, THALAPPILLY TALUK THRISSUR DISTRICT, PIN-680586.

5. THE SUB INSPECTOR OF POLICE NEDUPUZHA POLICE STATION, THRISSUR DISTRICT PIN-680015.

R1 TO R5 BY GOVT. PLEADER SMT. SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 15773 of 2015 (V) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1TRUE COPY OF THE CHECK REPORT EVIDENCING SEIZURE OF BUS NO. KL-8V-2962.

EXHIBIT P2TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 7 OF THE RR ACT DEMANDING A SUM OF RS. 10,50,315/- FROM THE PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P3TRUE COPY OF THE REQUEST DATED 31-12-2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS. EXHIBIT P4TRUE COPY OF THE GOVERNMENT ORDER NO. 91/2014 DATED 29-12-2014.

EXHIBIT P5TRUE COPY OF THE CIRCULAR NO. 2/2015 DATED 05-01-2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6TRUE COPY OF THE APPLICATION DATED 15-02-2015 MADE BEFORE THE 1ST RESPONDENT.

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

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.15773 of 2015 ----------------------------------- Dated this the 28th day of May, 2015

J U D G M E N T

The petitioner is a registered owner of a contract carriage vehicle bearing registration No.KL-8V-2962. The vehicle was seized as per Ext.P1 for the reason that, the petitioner has not remitted the tax amount from 01.01.2010. The petitioner submitted Ext.P6 application before the 1st respondent for availing the benefit of 'One Time Settlement' facility to clear the Motor Vehicle Tax arrears for the period commencing from 01.01.2010 to 31.12.2014.

2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondents. Considering the facts and circumstances of the case, this writ petition is disposed of directing the 1st respondent to consider Ext.P6 application submitted by the petitioner in accordance with Ext.P5 circular within a period of three weeks.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.