High Court Kerala High Court

Purushothaman Pillai vs Joint Regional Transport Officer on 19 November, 2010

Kerala High Court
Purushothaman Pillai vs Joint Regional Transport Officer on 19 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30692 of 2010(J)


1. PURUSHOTHAMAN PILLAI,
                      ...  Petitioner

                        Vs



1. JOINT REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

2. DEPUTY TRANSPORT COMMISSIONER,

3. TRANSPORT COMMISSIONER,

4. VILLAGE OFFICER,

5. DEPUTY TAHSILDAR (RR),

6. V.R.AJI DEVAN,

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :19/11/2010

 O R D E R
                C.K. ABDUL REHIM, J
                ------------------------------
            WP(C) NO. 30692 OF 2010
            -------------------------------------
     Dated this the 19th day of November, 2010


                       JUDGMENT

The issue involved in this Writ Petition relates to

payment of arrears of motor vehicles tax due with respect

to vehicle No. KL 04 G 9277. According to the petitioner

he was the owner of the vehicle, but it was sold to the 6th

respondent by virtue of agreement dated 09.11.2006. A

demand was raised by the 1st respondent claiming arrears

of tax due for the period from 01.01.2007 to 30.06.2008.

The petitioner had filed appeal against that demand

before the 2nd respondent. According to the petitioner,

eventhough the appeal was heard by the 2nd respondent

no orders were issued. Meanwhile fresh demand was

issued as per Ext.P2 claiming payment of tax for the

period from 01.01.2007 to 30.09.2009, which include the

period covered under Ext.P1. The petitioner had

preferred a further appeal before the 2nd respondent

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against Ext.P2 demand. That appeal was dismissed through

Ext.P3. The petitioner had preferred revision against

Ext.P3 order before the 3rd respondent as evidenced from

Ext.P4. It is mentioned that the 3rd respondent had issued

Ext.P5 letter requesting the petitioner to cure some defects

noted on the revision petition. It is stated by learned

counsel for the petitioner that such defects were already

cured and the revision petition now stands registered on the

files of the 3rd respondent. Meanwhile coercive steps of

recovery was initiated pursuant to Exts.P7 and P8. Hence

the petitioner is seeking directions to restrain recovery

steps till disposal of the revision petition by the 3rd

respondent.

2. In a statement filed on behalf of first respondent it

is mentioned that the appeal filed against Ext.P1 demand

was already dismissed by the Deputy Transport

Commissioner as per order dated 01.09.2008, a copy of

which was produced as Annexure R1(a). It is stated that

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Ext.P2 demand was made for realizing tax due for the entire

period including the period which is covered under Ext.P1,

with respect to which the appeal was dismissed. However,

it is admitted that the petitioner had filed revision petition

against Ext.P3 order and as per Ext.P5 the Transport

Commissioner had requested the petitioner to rectify the

defects.

3. Considering pendency of the revision petition

before the Transport Commissioner, I am of the view that

the Writ Petition can be disposed of directing the authority

to take expedious decision on the matter.

4. Accordingly the Writ Petition is disposed of

directing the 3rd respondent to consider and pass orders on

Ext.P4 revision petition as early as possible, after affording

an opportunity of hearing to the petitioner, at any rate

within a period of one month from the date of receipt of a

copy of this judgment.

5. Till such time orders are passed by the 3rd

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respondent as directed above, recovery of amounts covered

under Ext.P2, which is now initiated pursuant to Exts.P7

and P8 notices, shall be kept in abeyance.

C.K. ABDUL REHIM
JUDGE
dnc