IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.27360 OF 2020(T)
PETITIONER:
DURAISWAMY.K.
AGED 61 YEARS
S/O. KARUPPANNA GOUNDER
16/5, M.G.R STREET,
VEERAPPAN CHATHIRAM, ERODE,
TAMILNADU - 638004,
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE TRANSPORT COMMISSIONER
TRANS TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695014.
3 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE,
PERUMBAVOOR, IRINGOLE P.O,
ERNAKULAM DISTRICT - 683548.
SMT.M.M.JASMINE, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.27360/20 -:2:-
JUDGMENT
Dated this the 8th day of January, 2021 This writ petition seeks for a direction to permit the petitioner to clear the tax arrears of vehicle bearing registration No.KL-07R-8062 under the One Time Settlement Scheme introduced by the State Government.
2. The learned Government Pleader on instructions submits that petitioner has not approached the authority concerned claiming the benefit of the said scheme and that since the time limit for the scheme has been extended till 31.3.2021, petitioner is at liberty to apply. It is also submitted that if a proper application is submitted by the petitioner, depending upon the eligibility, the scheme can be made applicable to the petitioner.
3. In the aforesaid circumstances, this writ petition is disposed of directing the petitioner to prefer an application under the One Time Settlement Scheme contemplated under Ext.P5 and Ext.P6, within a period of two weeks from today. If such an application is filed by the petitioner, respondents 2 and 3 shall W.P.(C) No.27360/20 -:3:- consider the said application in accordance with law, prior to the closure of the One Time Settlement Scheme. Needless to say, Ext.P3 demand notice shall be kept in abeyance till the disposal of the application, if such an application is filed by the petitioner, within the time stipulated above.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS JUDGE vps W.P.(C) No.27360/20 -:4:- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTRATION PARTICULARS OF HEAVY GOODS VEHICLE BEARING REGISTRATION NO.KL-07R-8062 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE VAHAN SEARCH ENTRY RELATING TO VEHICLE MENTIONED IN EXT.P1 EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 29.7.2020 ISSUED BY THE 3RD RESPONDENT ADDRESSED TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO. 5/2019 DATED 29.03.2019 ISSUED BY THE TRANSPORT COMMISSIONER.
EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO. 9/2020 DATED 04.05.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.20/2016 DATED 08.06.2016 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT'S/S' EXHIBITS:
NIL