High Court of KeralaWP(C)/20573/2014disposed of

Prasannan Pillai v. The Regional Transport Officer

2015-07-27Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937 WP(C).No. 20573 of 2014 (V) ---------------------------- PETITIONER(S):

-------------------------- PRASANNAN PILLAI, S/O. VISWANATHAN PILLAI, 588 A, KRISHNAVILASOM, 10, PUNNAKKULAM SOUTH, KULASEKHARAPURAM.

BY ADV. SRI.PRASAD CHANDRAN.

RESPONDENT(S):

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

1. THE REGIONAL TRANSPORT OFFICER, KARUNAGAPPALLY, (TAXATION OFFICER, OFFICE OF THE REGIONAL TRANSPORT OFFICE, KARUNAGAPPALLY), PIN-690 544.

2. THE TAHSILDAR, TALUK OFFICE, KARUNAGAPPALLY - 690 544.

BY GOVT. PLEADER SRI.R. RANJITH.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 20573 of 2014 (V) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1TRUE COPY OF THE REGISTRATION PARTICULARS IN RESPECT OF CONTRACT CARRIAGE KL 02 N 499.

EXHIBIT-P2TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 05/08/2013.

EXHIBIT-P3TRUE COPY OF THE JUDGMENT IN WP(C).NO.22896/2013 DATED 12/09/2013.

EXHIBIT-P4TRUE COPY OF THE NOTICE DATED 02/05/2014. RESPONDENT'S EXHIBITS:- NIL.

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

A. MUHAMED MUSTAQUE, J ------------------------------------------------ W.P.(C).No. 20573 of 2014 ------------------------------------------------ Dated this the 27th day of July, 2015

JUDGMENT

The petitioner is the registered owner of a vehicle. He has motor tax arrears liability.

2. The learned counsel for the petitioner submits that the petitioner is entitled for the benefit of the Circular No. 2/2015.

3. In this matter, a counter affidavit has been filed by the 1st respondent. It is submitted by the learned Government Pleader that the petitioner is not entitled for the benefit of Circular No. 2/2015 for the reason that the motor tax arrears are after 01.01.2010.

4. This Court is of the view that the matter may be adjudicated by the 1st respondent-Regional Transport Officer. Therefore, the following directions are issued: The petitioner shall appear along with a copy of this judgment, before the 1st respondent and make a request showing the details of the motor vehicle tax arrears. On

W.P.(C).No. 20573 of 2014 receipt of the said request, appropriate decision shall be taken by the 1st respondent within a period of one month from the date of receipt of the application.

6. The interim order passed by this Court will continue till the above period.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr