IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23255 of 2008(R)
1. M.THAHA, AGED 55 YEARS,
... Petitioner
Vs
1. THE RAGIONAL TRANSPORT OFFICER,
... Respondent
For Petitioner :SRI.P.GOPALAKRISHNA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :26/08/2008
O R D E R
K.M. JOSEPH, J.
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W.P.(C) No. 23255 OF 2008 R
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Dated this the 26th day of August, 2008
J U D G M E N T
Petitioner challenges Exts.P6 and P7 and seeks
direction to consider and dispose of Ext.P2 representation.
Case of the petitioner in brief is as follows. Petitioner is the
owner of two vehicles KRZ-432 and KL-01/D.2088. The
former is a 1983 model vehicle with 42 seats and the other is
1993 model vehicle. This Court held that the maximum life of
a stage carriage is 15 years. Life of KRZ-432 is expired in
1998. Though KRZ-432 was covered by a regular permit till
29.6.2008, the petitioner could not operate for the full period.
Though renewal was granted, the renewed permit could not
be issued and replacement application submitted also could
not be granted. Petitioner submitted G-forms after completion
of 15 years. But, they were not considered or granted. The
other vehicle was not covered by any regular permit which
was being operated on temporary permit. The financier
WPC.23255/08
: 2 :
repossessed the vehicle and the registration certificate.
Petitioner submitted G-forms in time. The financier also
submitted G-forms. Those applications are pending
consideration. Now, the petitioner has been called upon to
remit the amount of tax vide Exts.P6 and P7. It is submitted
that application submitted by the petitioner in respect of
another vehicle which has been operated by the petitioner is
rejected. Exts.P6 and P7 are issued only to substantiate
Ext.P8 order. Petitioner has preferred an appeal against
Ext.P8.
2. Learned Government Pleader, on instructions,
submits that it is open to the petitioner to file objections
against Exts.P6 and P7 before the respondent and the
respondent will consider the same and take a decision
thereon in accordance with law and till such decision is taken,
recovery steps will be kept in abeyance. Taking note of the
submission of the learned Government Pleader, writ petition is
disposed of as follows.
WPC.23255/08
: 3 :
If the petitioner files objections to Exts.P6 and P7 within
two weeks from today, the respondent will consider the same
and take a decision thereon in accordance with law, after
affording an opportunity of being heard to the petitioner and
communicate the same to the petitioner within three weeks
from the date of receipt of the objections. Till such time,
recovery steps initiated against the petitioner will be kept in
abeyance.
Sd/-
(K.M.JOSEPH, JUDGE)
aks
/TRUE COPY/
P.A.TO JUDGE