High Court Kerala High Court

V.S.Mathew vs Regional Transport Officer on 27 March, 2009

Kerala High Court
V.S.Mathew vs Regional Transport Officer on 27 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 747 of 2009()


1. V.S.MATHEW,
                      ...  Petitioner

                        Vs



1. REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

2. STATE OF KERALA,

3. A.R.VINOD,

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :27/03/2009

 O R D E R
  K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ.
                    -------------------------------
                     W.A. No.747 OF 2009
                    -------------------------------
            Dated this the 27th day of March, 2009

                        J U D G M E N T

~~~~~~~~~~~

Balakrishnan Nair, J.

The appellant was the registered owner of a stage carriage

bearing registration No.KL-5A/ 7160. He sold the vehicle on

12.1.1996. It appears the transferee did not pay the tax.

Therefore, he was served with Ext.P1 demand for tax, for the

period from 1.10.1996 to 31.3.1997. He filed a representation

against that demand. This Court by Ext.P2 judgment directed to

consider the representation. The representation was

considered and rejected by Ext.P3 communication by the

Regional Transport Officer. So, challenging Ext.P3, the Writ

Petition was filed. The learned Single Judge dismissed the Writ

Petition holding that the appellant being the registered owner,

is liable to pay the tax. The person in possession may also be

liable. But, that will not affect the liability of the appellant.

Based on that finding, the Writ Petition was dismissed. This

W.A.No.747/2009 2

appeal is filed challenging the above judgment of the learned

Single Judge.

2. Mr.G.Hariharan, learned counsel for the appellant

submitted that the vehicle was changed hands several times and

it is not available now. Even in the face of the direction issued

by this Court, the police was not able to trace it. Since the

vehicle was neither used nor kept for use in the State, even

though he is the registered owner he is not liable to pay the tax.

3. Going by the averments in the appeal memorandum, it

is clear that the vehicle was very much available in the State

during the first quarter of 1997. There is no ‘G Form’ in relation

to that quarter. So, the statutory presumption that the vehicle

was kept for use in the State will come into operation. So, in

relation to the period covered by Ext.P1, the aforementioned

contentions raised by the learned counsel for the appellant

cannot be accepted. Those contentions may be relevant, if a

demand is raised for subsequent periods. We are not expressing

any opinion on that matter. Since the appellant continued to be

W.A.No.747/2009 3

the registered owner upto 31.3.1997 and the vehicle was not

covered by any ‘G Form’, the demand under Ext.P1 is fully

justified. So, we find no reason to interfere with the judgment

under appeal. Accordingly, it is dismissed.

(K.BALAKRISHNAN NAIR, JUDGE)

(M.L.JOSEPH FRANCIS, JUDGE)
ps