High Court Kerala High Court

Sundaram Finance Limited vs Jacob Sebastian on 17 May, 2010

Kerala High Court
Sundaram Finance Limited vs Jacob Sebastian on 17 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13889 of 2010(I)


1. SUNDARAM FINANCE LIMITED,
                      ...  Petitioner

                        Vs



1. JACOB SEBASTIAN,S/O.CHACKO DEVASSIA,
                       ...       Respondent

2. THE TAHSILDAR(REVENUE RECOVERY)

3. THE JOINT REGIONAL TRANSPORT OFFICER,

4. THE REGIONAL TRANSPORT OFFICER,

5. THE DEPUTY TRANSPORT COMMISSIONER,

6. STATE OF KERALA,REPRESENTED BY

                For Petitioner  :SRI.K.P.DANDAPANI (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :17/05/2010

 O R D E R
                   P.R.RAMACHANDRA MENON, J
            -------------------------------------
                 W.P(C) Nos.13889/2010 & 13890/2010
            -------------------------------------
               Dated this the 17th day of May, 2010.

                          J U D G M E N T

The petitioner is the same in both the cases; who is mainly

challenging the steps for realisation of the amount stated as due

under the Kerala Motor Vehicles Taxation Act in respect of the

stage carriage vehicle Nos.KL-06-7066 and KL-06-7166.

2. The case of the petitioner is that the impugned order

passed by the assessing authority had already been subjected to

challenge by filing appeal before the fifth respondent, which

however did not turn to be fruitful and the appeal was dismissed as

per Ext.P7 order, which in turn has been subjected to challenge

before this Court.

3. Heard the learned Government Pleader as well.

4. Going by the facts and figures and the materials on

record, this Court finds that the petitioner is still left with an

efficacious and alternate remedy by way of ‘Revision’ before the

Transport Commissioner and that the petitioner has approached this

Court without exhausting the said remedy. This being the position,

this Court relegates the petitioner to avail the statutory remedy

W.P(C) Nos.13889/2010 & 13890/2010 2

before the concerned authority.

5. Taking note of the persuasive submission made by the

learned counsel for the petitioner, referring to the on going coercive

steps under the Revenue Recovery Act for realisation of the alleged

dues, which comes to more than Rs.5 lakhs, the petitioner is

directed to deposit a sum of Rs.1.5 lakhs within one week; on which

event, the recovery proceedings now being pursued against the

petitioner shall be kept in abeyance. The petitioner is permitted to

avail the statutory remedy by way of revision before the Transport

Commissioner and if any such revision is filing within ‘two weeks’

from the date of receipt of a copy of the judgment, the concerned

authority shall consider the same and pass appropriate orders on

merits, in accordance with law, of course after giving an opportunity

of hearing to the petitioner, as expeditiously as possible, at any rate

within two months from the date of receipt of the revision petition.

It is made clear that further recovery will be subject to the orders to

be passed by the revisional authority as above and also subject to

the condition to be satisfied by the petitioner as mentioned herein

before.

The Writ Petitions are disposed of.

P.R.RAMACHANDRA MENON, JUDGE