Kerala High Court

WP(C)/35881/2019 of MUHAMMED YASEEN, Vs STATE OF KERALA, on 31 December 2019

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 WP(C).No.35881 OF 2019(I) PETITIONER/S: MUHAMMED YASEEN, AGED 38 YEARS S/O.MOIDU MUTTEMGADAN HOUSE, ORUTHUNKAL VILLAGE, TIRURNAGADI TALUK, PUTHUR POST, PUTHUR - 676

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C.S.DIAS

TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941WP(C).No.35881 OF 2019(I)

PETITIONER/S:

MUHAMMED YASEEN,AGED 38 YEARS

S/O.MOIDU MUTTEMGADAN HOUSE, ORUTHUNKAL VILLAGE, TIRURNAGADI TALUK, PUTHUR POST, PUTHUR - 676 503, MALAPPURAM DISTRICT.

BY ADVS.

SRI.T.K.VIPINDAS

SRI.K.V.SREE VINAYAKAN

RESPONDENT/S:

1STATE OF KERALA,REP. BY SECRETARY TRANSPORT 1ST FLOOR, MAIN BLOCK, SECRETARIAT BLDG., THIRUVANANTHAPURAM - 695 001.REP. BY SECRETARY TRANSPORT 1ST FLOOR, MAIN BLOCK, SECRETARIAT BLDG., THIRUVANANTHAPURAM - 695 001.

2DY.TRANSPORT COMMISSIONER,CIVIL STATION, AYYANTHOL, THRISSUR - 680 003.CIVIL STATION, AYYANTHOL, THRISSUR - 680 003.

3JOINT REGIONAL TRANSPORT OFFICER,ADDTL. REGISTERING AUTHORITY, REGIONAL TRANSPORT OFFICE, SH 71, CHEMBRA, TIRUR, KERALA - 676 101.ADDTL. REGISTERING AUTHORITY, REGIONAL TRANSPORT OFFICE, SH 71, CHEMBRA, TIRUR, KERALA - 676 101.

4THAHISLDAR, THIRURANGADI TALUK OFFICE,KURUKATHANI KOTTAKKAL ROAD, TIRURANGADI, KERALA - 676 306.KURUKATHANI KOTTAKKAL ROAD, TIRURANGADI, KERALA - 676 306.

5VILLAGE OFFICER, OTHUKKUNGAL VILLAGE OFFICE 495,OORAKAM KARATHODU, MOOLAPPARAMBU, OTHUKKUNGAL ROAD, OTHUKKUNGAL, KERALA - 676 528.SMT. PRINCY XAVIER, GPOORAKAM KARATHODU, MOOLAPPARAMBU, OTHUKKUNGAL ROAD, OTHUKKUNGAL, KERALA - 676 528.SMT. PRINCY XAVIER, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

The petitioner, inter alia, seeks for a direction to the2[nd] respondent to consider Ext.P4 appeal dated 5.11.2019pending before him.

2. The petitioner has averred in the writ petitionthat, he had purchased a Sports Utility Vehicle bearingReg.No.DL-01-22-0752, for his personal use, in the year2014. The petitioner transported the said vehicle to Keralaand applied for re-registration. The 3[rd] respondent acceptedthe application for re-registration, and after completion offormalities, the vehicle was allotted with Reg.No.KL-55-V-7777.

3. The petitioner has averred that on 23.10.2018, thepetitioner has been served with Ext.P2 demand noticefinding that the petitioner had deliberately undervalued thevehicle and that the petitioner has caused financial loss tothe respondents to the tune of Rs.3,25,595/-.

4. Due to the non-payment of the above amount,Ext.P3 revenue recovery notice was served on thepetitioner. Immediately on receipt of Ext.P3 notice, thepetitioner has preferred Ext.P4 appeal before the 2[nd]respondent. He has also submitted Ext.P5 representationbefore the respondents 4 and 5 praying that all coerciveproceedings in respect of Ext.P3 may be kept in abeyancetill Ext.P4 appeal is finalised. 5.The petitioner hasfurther asserted that the action of the respondents ininitiating revenue recovery proceedings and refusing tokeep coercive proceedings in abeyance till theconsideration of Ext.P4 appeal is arbitrary and extortionate.

6. Heard Adv.Vipindas T.K, the learned counsel forthe petitioner and the learned Government Pleader for therespondents.

7. Having regard to the fact that the petitioner hasalready preferred Ext.P4 appeal before the 2[nd] respondentchallenging Ext.P3 demand and also that the petitioner haspreferred Ext.P5 representation before the respondents 4and 5 to keep the coercive proceedings in abeyance till adecision is taken on Ext.P4 appeal, I deem it appropriate WP(C).No.35881 OF 2019(I)

and expedient to direct the 2[nd] respondent to consider anddispose of Ext.P4 appeal, in accordance with law, afteraffording the petitioner an opportunity of being heard, atany rate, within a period of two months from the date ofreceipt of a copy of this judgment. Until such time adecision is taken, all further proceedings pursuant to Ext.P3shall be kept in abeyance.

The writ petition is ordered accordingly.

ma

C.S.DIAS, JUDGE

/True copy/

P.S to Judge

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE INVOICE DATED 10/08/2010 BEARING INVOICE NUMBER HSS-1016.

EXHIBIT P2

TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT BEARINGNUMBER IAR 2016-17/RMA.

EXHIBIT P3TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 25/06/2019 ISSUED BY THE 4TH RESPONDENT.NOTICE DATED 25/06/2019 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4TRUE COPY OF THE APPEAL SUBMITTED BYTHE PETITIONER BEFORE THE 2ND RESPONDENT DATED 05/11/2019.THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 05/11/2019.

EXHIBIT P5TRUE COPY OF THE REPRESENTATION DATED 05/11/2019 SUBMITTED BEFORE THE 4TH RESPONDENT.

EXHIBIT P5 A

TRUE COPY OF THE REPRESENTATION DATED 05/11/2019 SUBMITTED BEFORE THE 5TH RESPONDENT.DATED 05/11/2019 SUBMITTED BEFORE THE 5TH RESPONDENT.

DATED 05/11/2019 SUBMITTED BEFORE

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