IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2197 of 2005(J)
1. SUKUMARAN, S/O. MUTHUSWAMY,
... Petitioner
Vs
1. JOINT REGIONAL TRANSPORT OFFICER,
... Respondent
2. THE DEPUTY COMMISSIONER OF TRANSPORT,
For Petitioner :SRI.M.TRIPTEN
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
Dated :18/09/2008
O R D E R
K. BALAKRISHNAN NAIR, J.
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W.P.(C) No.2197 OF 2005
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Dated this the 18th day of September, 2008
J U D G M E N T
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The petitioner is the registered owner of the vehicle
bearing registration No. KL-01/C-8938. The vehicle was
garaged for major repairs on 1.1.2003. The petitioner submits
he has filed G Forms for the said vehicle for the period from
1.1.2003 to 31.12.2004. While so, the repairs of the vehicle
were over by 10.6.2004. So, he filed Ext.P2 representation
praying that he proposes to pay tax from 1.7.2004 and operate
the vehicle and therefore the tax for the said quarter starting
from 1.7.2004 may be received. While so, he was orally
directed by the Regional Transport Officer to pay the tax from
1.1.2003 to 30.6.2004. Aggrieved by that direction, he filed an
appeal before the Deputy Transport Commissioner, Trivandrum.
The said appeal was disposed of by Ext.P3. The appellate
authority found that no G Forms were filed for the quarters
ending on 31.3.2003, 30.9.2003 and 31.12.3003. But, the Joint
R.T.O, Nedumangad was directed to receive the tax for the
current quarter. Alleging that the 1st respondent did not comply
W.P.(C) No.2197/2005 2
with the direction in Ext.P3, this writ petition was filed seeking
the following reliefs.
“a) Issue a writ of mandamus of other appropriate
writ direction or order commanding the 1st respondent
to comply the ext.P3, order passed by the Deputy
Commissioner of Transport, Thiruvananthapuram
dated 13.9.2004 and to receive the current tax of the
vehicle KL-01/C-8938 as early as possible.
b) Issue such other direction or order which deem
fit for the facts and circumstances of the case so as to
remit the current tax of the vehicle and to test the
vehicle immediately.”
2. This Court passed the following interim order in this
writ petition on 20.1.2005.
“Urgent notice. Ext.P3 is under challenge. However,
pending examination of the same, there will be a
direction that the benefits arising from the last
paragraph of the above said order should be given to
the petitioner.”
By the above interim order, the prayer of the petitioner in
this writ petition has been allowed. Therefore, no further orders
are required in this writ petition. It is accordingly closed,
maintaining the above interim order. If the said order is
violated, the petitioner can workout his remedy against the
same.
(K.BALAKRISHNAN NAIR, JUDGE)
ps