IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5881 of 2008(A)
1. P.V.CHANDRAN, S/O.KUNHIRAMAN,
... Petitioner
Vs
1. THE TRANSPORT COMMISSIONER,
... Respondent
2. THE DEPUTY TRANSPORT COMMISSIONER
3. THE REGIONAL TRANSPORT OFFICER,
4. SPECIAL DEPUTY TAHSILDAR (RR),
For Petitioner :SRI.A.K.ABDUL AZEEZ
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/02/2008
O R D E R
ANTONY DOMINIC, J.
===================
W.P.(C) NO. 5881 OF 2008 A
===================
Dated this the 22ndday of February, 2008
J U D G M E N T
The controversy in this writ petition arises out of Ext.P4
order in RP No.829/07 in WA No.2425/06. In the order, it was
directed that “if the petitioner pays the tax demanded within a
period of six weeks from today, in the event of which penalty, if
any, imposed will be deleted”. The date of the order being 25th of
September, 2007, petitioner ought to have paid the tax within six
weeks from that date. It is only on such payment, could the
petitioner claim waiver of penalty.
2. Admittedly, even as on date, payment has not been
made by the petitioner. On the other hand, he makes a vague
averment that he approached the respondents several times. He
has not even stated as to when such approach was made.
Therefore, there is non compliance of the direction contained in
Ext.P2, the review order.
WPC 5881/08
: 2 :
3. It is on account of such default that Ext.P4 sale notice
is now issued not only for the tax but also for recovering the
penalty amount. Since payment has not been made as directed
in Ext.P3, I cannot find any fault with the respondents in issuing
Ext.P4.
Writ petition fails and is dismissed.
ANTONY DOMINIC,JUDGE
Rp