High Court Kerala High Court

Pushpanatha.K.T. vs The Regional Transport Officer on 24 September, 2008

Kerala High Court
Pushpanatha.K.T. vs The Regional Transport Officer on 24 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23235 of 2006(N)


1. PUSHPANATHA.K.T., KUNIYIL HOUSE,
                      ...  Petitioner

                        Vs



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

2. THE DEPUTY TRANSPORT COMMISSIONER,

3. THE TRANSPORT COMMISSIONER,

                For Petitioner  :SRI.O.D.SIVADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :24/09/2008

 O R D E R
                       KURIAN JOSEPH, J.
              ---------------------------------------
                  W.P.(C) No.23235 OF 2006
              ---------------------------------------
         Dated this the 24th day of September, 2008.


                          J U D G M E N T

Petitioner is aggrieved since he is proceeded against for the

collection of motor vehicle tax in respect of his vehicle

No. KL -13/A 8404. According to the petitioner, the vehicle was

not operated from 01.07.2001 onwards. The non-operation of

the vehicle by itself will not entitle a person to claim exemption

from payment of motor vehicle tax. The only way of claiming

exemption is on the basis of duly filed ‘G’ form.

2. Yet another contention is that the period the vehicle was

in police custody, petitioner is not liable to pay the tax. That

contention also cannot be appreciated in view of the Full Bench

decision of this Court in Gracy Vincent vs. State of Kerala

(2006 (1) KLT 7).

Therefore, there will be a direction to the first respondent to

exclude the period of levy in respect of the period covered by ‘G’

form as reported by the A.M.V.I. and proceed further only in

W.P.(C) No.23235/06 2

respect of the tax for the rest of the period. Subject to the

above, this writ petition is disposed of.

KURIAN JOSEPH, JUDGE.

smp

W.P.(C) No.23235/06 3

KURIAN JOSEPH, J.

W.P.(C) No.23235 OF 2006

J U D G M E N T

24.09.2008