High Court Kerala High Court

O.P.George vs Joint Regional Transport Officer on 10 January, 2007

Kerala High Court
O.P.George vs Joint Regional Transport Officer on 10 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 28891 of 2002(M)


1. O.P.GEORGE, S/O. LATE PAULOSE MATHAI,
                      ...  Petitioner

                        Vs



1. JOINT REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

2. SPECIAL TAHSILDAR (REVENUE RECOVERY),

3. STATE OF KERALA,

                For Petitioner  :SRI.ALEXANDER THOMAS

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :10/01/2007

 O R D E R
                            KURIAN JOSEPH, J.

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                        O.P.No.28891  of  2002

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                       Dated 10th January,  2007.


                               J U D G M E N T

The issue raised in this writ petition pertains to the

steps taken for recovery of Rs.4,000/- from the petitioner towards

reservation fee for the registration of fancy number. The same

was enhanced as per Government Order dated 5.6.2000 and

published by S.R.O.No.538/2000 dated 16.6.2000. It is stated in

the counter affidavit that the revised rates were given effect from

16.6.2000. However, it is admitted in the counter affidavit that

“The communication regarding the revision of fee was received in

the office only on 30.6.2000. The petitioner applied for

reservation of registration number on 26.6.2000. Hence the

application from the petitioner was accepted with a fee of

Rs.1,000/-.” Though normally, there being publication of rates,

this Court would have taken a view against the writ petitioner, in

view of the admitted factual position that the fee that was

collected from the petitioner is only Rs.1,000/- for want of

communication regarding the rates, and in view of the submission

that had the fee been Rs.5,000/-, the petitioner would not have

OP NO. 28891/02 2

ventured for such registration, it is made clear that no further

action need be taken in the case of the petitioner, since an

amount of Rs.1,000/- has already been collected from him.

The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

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O.P.No.28891 of 2002 (M)

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J U D G M E N T

Dated 10th January, 2007.