Kerala High Court
WP(C)/30318/2012 of K.REGHUNATHAN Vs THE REGIONAL TRANSPORT OFFICER on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 30318 of 2012 (L) --------------------------- PETITIONER : -------------------- K.REGHUNATHAN, TC NO.27/1481, KRISHNA BHAVAN, CONVENT ROAD
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 30318 of 2012 (L)
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PETITIONER :
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K.REGHUNATHAN, TC NO.27/1481, KRISHNA BHAVAN, CONVENT ROAD THIRUVANANTHAPURAM.
BY ADV. SRI.K.B.PRADEEP
RESPONDENT(S):
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1. THE REGIONAL TRANSPORT OFFICER
MOTOR VEHICLES DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM - 695 001. THIRUVANANTHAPURAM - 695 001.
2. THE JOINT REGIONAL TRANSPORT OFFICER (TAXATION OFFICER) MOTOR VEHICLES DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM - 695 001. MOTOR VEHICLES DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM - 695 001.
R1 & R2 BY SR. GOVT. PLEADER SRI. P.A. MOHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
WP(C).No. 30318 of 2012 (L)
APPENDIX
PETITIONERS' EXHIBITS :
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EXHIBIT P1.TRUE COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DT. 22/6/2011.DT. 22/6/2011.
EXHIBIT P2.TRUE COPY OF THE LETTER DT. 14.09.2011 TO THIS PETITIONER.
EXHIBIT P3.TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 29.7.2011.29.7.2011.
EXHIBIT P4.TRUE COPY OF THE LETTER DATED 30.9.2011 SUBMITTED BY THE PETITIONER.PETITIONER.
EXHIBIT P5.TRUE COPY OF THE PROCEEDINGS OF RTA DT. 22.11.2012.
EXHIBIT P6.TRUE COPY OF THE RETURNED LETTER OF THE PETITIONER DT. 7.12.2012.7.12.2012.
EXHIBIT P7.TRUE COPY OF THE RETURNED G-FORM DT. 7.12.2012.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
ANTONY DOMINIC,J
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W.P.(C)No.30318 of 2012
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Dated this the 31[st]day of December, 2012
JUDGMENT
Petitioner says that he is the registered owner of the vehicle bearing registration No.KL-01 / T 171. According to him, the vehicle was garaged and therefore, he has filed 'G'forms for the period up to 31.12.2012. Orders have notbeen passed on the 'G' forms and therefore tax for theperiod from 01.01.2013 is refused to be accepted. It iswith this grievance, he has filed this writ petition.
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2. Learned Government Pleader has obtained instructions in the matter and he confirms that thepetitioner has filed 'G' forms as claimed by him. However,according to him, orders could not be passed for the reasonthat report of the Field Officer regarding the garaging of thevehicle and the period thereof is still awaited.
3. Thus, the fact that G forms are pending with thefirst respondent and that orders thereon have not been W.P.(C).No.30318 of 2012
passed is confirmed. If that be so, the delay in passingorders on the 'G' forms cannot result in a situation wherethe petitioner is compelled to keep the vehicle idle evenafter the period of garaging is over. In suchcircumstances, I am inclined to direct that tax for theperiod from 01.01.2013 be accepted on a provisionalbasis.
Therefore, I dispose of this writ petition directingthat tax for the period 01.01.2013 will be accepted by therespondents on a provisional basis, which shall be subjectto the orders to be passed in the 'G' forms now pendingconsideration of the first respondent.
Writ petition is disposed of as above.
Sd/-
ANTONY DOMINIC, JUDGE
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