Padmavathy Amma v. The Transport Commissioner
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).NO. 33457 OF 2014 (F) ---------------------------- PETITIONER(S):
-------------- PADMAVATHY AMMA, AGED 56 W/O.VASUDHEVAN NAIR, THEKKENADU HOUSE P.O.THIRUVANIYOOR, CHEMMAMCHERY, QUILANDY KOZHIKODE.
BY ADVS.SRI.JIJI THOMAS SMT.SMITHA MATHEW SRI.P.R.ASHOK KUMAR RESPONDENT(S):
--------------
1. THE TRANSPORT COMMISSIONER TRANSPORT COMMISSIONERATE, TRANS TOWERS, VAZHUTHAKKAD THIRUVANANTHAPURAM. 695 001.
2. THE JOINT REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE (TAXATION), QUILANDY KOZHIKODE. 673 001.
BY GOVERNMENT PLEADER SMT.SHYSON P.MANGUSHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).NO. 33457 OF 2014 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1- A TRUE COPY OF THE SAID CLEARANCE CERTIFICATE ISSUED BY THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE DATED 23.9.06. P2- A TRUE COPY OF THE MEMO ISSUED BY THE RESPONDENT DATED 25.6.09. P3- A TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE RESPONDENT DATED 7.7.09 BY THE PETITIONER.
P4- A TYPED COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P[C]NO.24705/09 DATED 16.9.09.
P4(A)- A TRUE COPY OF THE MEMO ISSUED BY THE 2ND RESPONDENT DATED 11.12.2009.
P5- A TYPED COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P[C]NO.2130/2010.
P6- A TRUE COPY OF THE ORDER OF THE APPEAL NO.C/401/2010/NZ DATED 12/04/2010 P6(A)- A COPY OF THE REVISION PETITION WITHOUT ANNEXURE DATED 14.07.2014 FILED BEFORE THE 1ST RESPONDENT P7- TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER.
RESPONDENT(S)' EXHIBITS:NIL ----------------------- //TRUE COPY// P.A TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
........................................................ ......................................................... Dated this the 6th day of February, 2015
JUDGMENT
The petitioner, who is the owner of a tempo traveller bearing registration No.KL 7/C 3792, is aggrieved by the revenue recovery notice issued against him in connection with non-payment of motor vehicle tax. It is pointed out that, pursuant to the revenue recovery steps initiated, the respondents have also taken possession of the vehicle. It is further stated that against Ext.P6 order of the 2nd respondent, Ext.P6(a) revision has been filed before the 1st respondent, and the same is pending consideration before the said authority. In the writ petition, the petitioner is essentially aggrieved by the recovery steps that have been initiated at a time when the 1st respondent is yet to pass orders in the revision petition preferred by the petitioner.
2. I have heard Sri.Jiji Thomas Pambackal, the learned counsel for the petitioner and Smt.Sobha Annamma Eappen, the learned Government Pleader for the respondents.
3. On a consideration of the facts and circumstances of the case, as also the submissions made across the bar, I dispose the
writ petition with the following directions:
i. The 1st respondent shall consider and pass orders on Ext.P6(a) revision petition filed by the petitioner against Ext.P6 order of the Deputy Transport Commissioner. The 1st respondent shall pass orders within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. ii. The revenue recovery steps initiated against the petitioner, for realisation of the motor vehicle tax dues, shall be kept in abeyance till such time as the 1st respondent passes orders as directed above and communicates the same to the petitioner.
iii. If the petitioner pays an amount of Rs.20,000/- to the 2nd respondent, within a period of two weeks from today, the 2nd respondent shall hand over possession of the tempo traveller vehicle bearing registration No.KL 7/C 3792, to the petitioner.
The writ petition is disposed of as above.
A.K.JAYASANKARAN NAMBIAR JUDGE mns/