High Court of KeralaWP(C)/24554/2015disposed of

Pradeep Kumar v. The Joint Regional Transport Officer

2015-08-13Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 24554 of 2015 (T) ----------------------------------------- NAME AND ADDRESS OF THE PETITIONER(S) :

--------------------------------------------------------------------- PRADEEP KUMAR V.K., S/O.KARUNAKARAN V., PRADEEP NIVAS, ADUKATHPARAMB, MADIKAI PO, PIN-671 314, NEELESWARAM, HOSDURG TALUK, KASARGOD DISTRICT.

BY ADV. SRI.O.D.SIVADAS NAME AND ADDRESS OF THE RESPONDENT(S) :

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

1. THE JOINT REGIONAL TRANSPORT OFFICER, KANHANGAD-671 315.

2. THE AUTHORISED OFFICER, (SDT) (RR), HOSDURGE, KASARGOD DISTRICT-671 121.

3. THE VILLAGE OFFICER, PANAYAL VILLAGE, PANAYAL, HOSDURG, KASARGOD DISTRICT-671 121.

BY GOVERNMENT PLEADER SMT.SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 24554 of 2015 (T) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1 : COPY OF THE NOTICE DATED 26-02-2014. EXHIBIT P2 : COPY OF THE DEMAND NOTICE DATED 08-07-2014. EXHIBIT P3 : COPY OF THE REPRESENTATION DATED 11-09-2014 SUBMITTED BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A. MUHAMED MUSTAQUE, J --------------------------------------------------- W.P.(C).No. 24554 of 2015 ---------------------------------------------------- Dated this the 13th day of August, 2015

JUDGMENT

The petitioner is the owner of goods carriage vehicle bearing registration No. KL-13 C/7601, has approached this Court. The petitioner's case is that the above vehicle has been dismantled on account of old age. The petitioner also has approached for cancellation of registration as per Ext.P3.

2. The petitioner has approached this Court challenging demand notice for arrears.

3. On instructions, the learned counsel for the petitioner submitted that the petitioner paid the tax upto 30.09.2012 and submitted G-Form for the period from 01.01.2013 to 31.12.2015. It is further submitted that if the petitioner remits tax for the period from 01.10.2012 to 31.12.2012 amounting to Rs.6,461/-, the petitioner's claim for exemption will be considered for further period. In that view of the matter, this Court is of the view that on remitting the amount as above, the petitioner shall be exempted payment for

W.P.(C).No. 24554 of 2015 -2further liability and application for cancellation of registration shall be considered.

4. The petitioner remits the amount and surrender the Registration Certificate, necessary action shall be ordered without any delay. On payment of the amount, all the recovery proceedings initiated against the petitioner shall also be withdrawn.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr