IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13889 of 2010(I)
1. SUNDARAM FINANCE LIMITED,
... Petitioner
Vs
1. JACOB SEBASTIAN,S/O.CHACKO DEVASSIA,
... Respondent
2. THE TAHSILDAR(REVENUE RECOVERY)
3. THE JOINT REGIONAL TRANSPORT OFFICER,
4. THE REGIONAL TRANSPORT OFFICER,
5. THE DEPUTY TRANSPORT COMMISSIONER,
6. STATE OF KERALA,REPRESENTED BY
For Petitioner :SRI.K.P.DANDAPANI (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :17/05/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) Nos.13889/2010 & 13890/2010
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Dated this the 17th day of May, 2010.
J U D G M E N T
The petitioner is the same in both the cases; who is mainly
challenging the steps for realisation of the amount stated as due
under the Kerala Motor Vehicles Taxation Act in respect of the
stage carriage vehicle Nos.KL-06-7066 and KL-06-7166.
2. The case of the petitioner is that the impugned order
passed by the assessing authority had already been subjected to
challenge by filing appeal before the fifth respondent, which
however did not turn to be fruitful and the appeal was dismissed as
per Ext.P7 order, which in turn has been subjected to challenge
before this Court.
3. Heard the learned Government Pleader as well.
4. Going by the facts and figures and the materials on
record, this Court finds that the petitioner is still left with an
efficacious and alternate remedy by way of ‘Revision’ before the
Transport Commissioner and that the petitioner has approached this
Court without exhausting the said remedy. This being the position,
this Court relegates the petitioner to avail the statutory remedy
W.P(C) Nos.13889/2010 & 13890/2010 2
before the concerned authority.
5. Taking note of the persuasive submission made by the
learned counsel for the petitioner, referring to the on going coercive
steps under the Revenue Recovery Act for realisation of the alleged
dues, which comes to more than Rs.5 lakhs, the petitioner is
directed to deposit a sum of Rs.1.5 lakhs within one week; on which
event, the recovery proceedings now being pursued against the
petitioner shall be kept in abeyance. The petitioner is permitted to
avail the statutory remedy by way of revision before the Transport
Commissioner and if any such revision is filing within ‘two weeks’
from the date of receipt of a copy of the judgment, the concerned
authority shall consider the same and pass appropriate orders on
merits, in accordance with law, of course after giving an opportunity
of hearing to the petitioner, as expeditiously as possible, at any rate
within two months from the date of receipt of the revision petition.
It is made clear that further recovery will be subject to the orders to
be passed by the revisional authority as above and also subject to
the condition to be satisfied by the petitioner as mentioned herein
before.
The Writ Petitions are disposed of.
P.R.RAMACHANDRA MENON, JUDGE