K.Udayakumar vs The Joint Regional Transport … on 1 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6681 of 2009(E)


1. K.UDAYAKUMAR, S/O.KUTTAPPAN, AGED 45
                      ...  Petitioner

                        Vs



1. THE JOINT REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

2. THE TAHSILDAR, TALUK OFFICE,

                For Petitioner  :SRI.SAJEEV KUMAR K.GOPAL

                For Respondent  : No Appearance

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

 Dated :01/06/2009

 O R D E R
                 P.R. RAMACHANDRA MENON, J.
             ........................................................................
                   W.P.(C) No. 6681 OF 2009
             .........................................................................
                       Dated this the 1st June, 2009


                                 J U D G M E N T

The grievance of the petitioner is that despite filing the

application before the first respondent for cancellation of the

registration of the vehicle bearing No. KBF-9970, which was

having a fitness certificate till 07.09.2006 and in respect of which

the entire tax was paid till the quarter ending on 31.12.2006;

simultaneously forwarding all the original documents like

R.C.Book, permit, tax token, insurance certificate etc., no

consequential steps were taken and finally, on enquiry, the

petitioner was given to understand that Ext. P3 petition,

forwarding the proceedings as above was not received by the

first respondent. This made the petitioner to approach the

postal authorities by filing Ext.P5 for informing him as to the fate

of Ext. P3 which was sent by registered post. Pursuant to this,

the postal authorities have confirmed the delivery of the cover

W.P.(C) No. 6681 OF 2009

2

bearing No.4648, to the addressee concerned, sent by

registered post.

2. The respondents have now filed a statement admitting

receipt of Ext.P3. The reasons stated for not considering the

application is non-remittance of tax liability till date. The learned

Government Pleader also submits that the petitioner has not

produced the supporting materials but for submitting the

proceedings including the R.C.Book, permit, tax token, insurance

certificate etc., as referred in the Writ Petition. It is also

submitted that Ext.P3 will be looked into and necessary orders

will be passed within a short time.

After hearing both the sides, the matter is disposed of,

directing the first respondent to consider Ext. P3 application

taking note of the fact that the petitioner, having applied for

cancellation of the registration and having surrendered all the

requisite documents including certificate of registration, tax

token, R.C. Book, permit etc., on 04.07.2007, no liability could

be fixed on the petitioner for the period beyond 30.09.2007, i.e.,

after the end of the concerned quarter, particularly when the

W.P.(C) No. 6681 OF 2009

3

first respondent does have no further case as to non-receipt of

documents as aforesaid. The petitioner will produce all other

supporting materials so as to enable the first respondent to pass

appropriate orders. Final orders in this regard shall be passed by

the first respondent as expeditiously as possible and at any rate,

within two months from the date of receipt of a copy of the

judgment. It is also made clear that till such orders are passed,

all further proceedings pursuant to Ext. P6 will be kept in

abeyance.

P.R. RAMACHANDRA MENON,
JUDGE.

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