High Court of KeralaWP(C)/32225/2014disposed of

Bappu K.Ommen v. State Of Kerala

2015-03-11Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 WP(C).No. 32225 of 2014 (C) ---------------------------- PETITIONER :

---------------------- BAPPU K.OMMEN, AGED 59 YEARS,S/O. OMMEN, EYYAMVIRUTHIL VEEDU, MELPPADOM P.O., VEEYAPURAM VILLAGE.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S):

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

1. STATE OF KERALA, REP. BY ITS SECRETARY, MOTOR VEHICLES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. REGIONAL TRANSPORT OFFICER , R.T.O OFFICE, KAYAMKULAM, PIN-690 502.

3. THE TAHASILDAR, TALUK OFFICE, KARTHIKAPPALLY, PIN-690 516.

4. SUB INSPECTOR OF POLICE, VEEYAPURAM, PIN-689 627.

5. K.C.ALEXANDER @ ALEX, KARUVELIL VEETTIL, PAVUKKARA MURI, MANNAR, PIN-689 622.

R1 TO R4 BY GOVERNMENT PLEADER SRI.SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 32225 of 2014 (C) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE RECEIPT SHOWING THE REMITTANCE OF THE MOTOR VEHICLE TAX.

P2 :

COPY OF THE LETTER TO THE 2ND RESPONDENT BY THE PETITIONER DTD. 26.2.2013.

P3 :

COPY OF THE ACKNOWLEDGMENT CARD.

P4 :

COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT. P5 :

COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT SHOWING THE REMITTANCE OF TAX.

RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

................................................. ............................................... Dated this the 11th day of March, 2015

JUDGMENT

The petitioner, who is faced with revenue recovery proceedings for recovery of motor vehicle tax dues, approached this Court through the present writ petition on the contention that the notices served on him did not make any reference to the period for which the dues pertained, and with regard to the amount that was required to be paid for the said period.

2. The learned Government Pleader on the basis of a statement filed on behalf of the 2nd respondent would point out that, the arrears, which are sought to be recovered against the petitioner, pertain to the period from 01.10.2011 to 30.09.2014 and the amount involved is Rs.9,430/- together with accrued interest and other charges.

3. I have heard Sri.R.Sunil Kumar, the learned counsel for the petitioner and Sri.Shyson P.Manguzha, the learned Government Pleader for the respondents.

4. On a consideration of the facts and circumstances of the case and also the submissions made across the Bar, I direct that, if the petitioner pays the said amount of Rs.9,430/- together with

accrued interest and other charges on or before 31.03.2015, then, further recovery proceedings pursuant to Ext.P4 memo, that is impugned in the writ petition, shall be kept in abeyance. If the petitioner defaults in the said payment, the respondents will be free to proceed against him from the stage at which the proceedings now stand.

The writ petition is disposed as above.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/12/03/