High Court of KeralaWP(C)/23983/2015disposed of

James Mathai v. Deputy Thahsildar, Chengannur

2015-08-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(C).No. 23983 of 2015 (W) ---------------------------- PETITIONER:

------------------- JAMES MATHAI, S/O.KOSHY MATHAI, AGED 47, MODIYIL THARAYIL HOUSE, PUNTHALA, VENMONY, ALAPPUZHA - 9961759201.

BY ADVS.SRI.T.RAJESH SMT.P.V.SARITHA VENUGOPAL RESPONDENT(S):

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

1. DEPUTY THASILDAR, REVENUE RECOVERY, CHENGANNUR-689121.

2. JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, CHENGANNUR-689121.

BY SENIOR GOVT. PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 23983 of 2015 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT-P1:

A TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.KL.01.S.3867.

EXHIBIT-P2:

A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P3:

THE TRUE COPY OF THE FORM 10 NOTICE ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P4:

A TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER DATED 16/4/2015.

RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

A. MUHAMED MUSTAQUE, J ------------------------------------------------ W.P.(C).No. 23983 of 2015 ------------------------------------------------ Dated this the 07th day of August, 2015

JUDGMENT

The petitioner has approached this Court challenging revenue recovery proceedings initiated to recover the motor tax arrears. Admittedly, the tax arrears is from 01.07.2009 onwards, the petitioner also submits that the vehicle has been dismantled.

2. In view of the facts and circumstances, the petitioner is entitled for a benefit under settlement of one time settlement scheme issued based on Circular No. 2/2015. In that view of the matter, the following directions are issued :

i) The petitioner shall make a request for one time settlement within a period of three weeks from the date of receipt of copy of this judgment. ii) Thereafter, the 2nd respondent shall afford an opportunity to the petitioner to settle the liability under one time settlement scheme giving time upto 15.10.2015.

W.P.(C).No. 23983 of 2015 -2iii) If the petitioner also files an affidavit and clears the liability, all future liability shall be dropped against the petitioner based on the recording dismantling of the vehicle.

iv) In view of the above, coercive steps shall be deferred in tune with the above directions.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr