High Court Kerala High Court

V.K.Abdul Shukkoor vs The Regional Transport Officer on 7 March, 2008

Kerala High Court
V.K.Abdul Shukkoor vs The Regional Transport Officer on 7 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7855 of 2008(I)


1. V.K.ABDUL SHUKKOOR,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

2. THE DEPUTY TAHSILDAR,

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/03/2008

 O R D E R
                          ANTONY DOMINIC, J.

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                     W.P.(C) No. 7855 OF 2008 I
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                Dated this the 7th day of March, 2008

                             J U D G M E N T

In this writ petition, petitioner claims that his liability is only to

pay tax at the rate applicable to non-transport vehicles. This claim

has been urged by the petitioner in Ext. P3 objection filed by him on

receipt of Ext. P2 demand notice. However, without deciding on the

objection so raised, revenue recovery proceedings have been

initiated by Ext. P4 and hence this writ petition.

2. Having regard to the above facts, I dispose of this writ

petition directing that the 1st respondent shall decide on the

correctness of Ext. P2 in the light of Ext. P3. This shall be done by

the 1st respondent within 2 weeks of production of a copy of this

judgment. In the meantime, further proceedings pursuant to Ext.

P4 will stand stayed for a period of 4 weeks from today.

Petitioner shall produce a copy of this judgment before the 1st

respondent for compliance.

ANTONY DOMINIC, JUDGE
jan/-