Mr. Gafoor.A vs Joint Regional Transport Officer
2021 Latest Caselaw 602 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                      WP(C).No.26331 OF 2020(N)


PETITIONER:

               MR. GAFOOR.A,
               AGED 39 YEARS
               S/O.MOHAMMADUNNI, ALOOR HOUSE, VADAKKEPURAM,
               VELIYANKODE P.O., VELIYANKODE VILLAGE, PONNANI TALUK,
               MALAPPURAM DISTRICT.

               BY ADV. SRI.O.D.SIVADAS

RESPONDENTS:

      1        JOINT REGIONAL TRANSPORT OFFICER
               SUB REGIONAL TRANSPORT OFFICE, PONNANI-679577.

      2        DEPUTY TRANSPORT COMMISSIONER,
               COLLECTORATE, AYYANTHOL, CENTRAL ZONE-I, THRISSUR-
               680003.

      3        M/S.INDUSLND BANK LTD.,
               (VEHICLE FINANCE DIVISION), JAIN TOWER-2, VARAPUZHA
               ROAD, NEAR RAILWAY OVER BRIDGE, EDAPPALLY, KOCHI-
               682024, (REPRESENTED BY ITS STATE CO-ORDINATOR
               (LEGAL) BISIN.K.S)

      4        THE MANAGER,
               M/S.INDUSLND BANK LTD., CROSS VIEW BUILDING, NEAR
               ROYAL HOSPITAL, GURUVAYUR ROAD, KUNNAMKULAM, THRISSUR
               DISTRICT-680503.

               R3 - R4 BY ADV. SRI.G.HARIHARAN
               R3 - R4 BY ADV. SRI.PRAVEEN.H.


               SMT. THUSHARA JAMES - GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26331 OF 2020               2

                             JUDGMENT

When this matter was considered by this

Court earlier, it had been submitted by the

learned Government Pleader, Smt.Thushara

James, that Ext.P9 Appeal was posted for

hearing on 15/12/2020. This matter was,

therefore, adjourned to this day to obtain the

current status of the said proceedings.

2. Today when this matter was called,

Smt.Thushara James submitted that Ext.P9

Appeal has already been heard and orders

thereon will be issued at the earliest. She,

therefore, prayed that this writ petition be

closed.

3. Shri.O.S.Sivadas, learned counsel for

the petitioner, in response, affirms that

hearing on Ext.P9 has been completed and that

final orders are awaited. He, however,

submitted that the demand, which led to this

Appeal, has already been satisfied by his

client and therefore, prayed that it may be

clarified that the same will adhere to the

final decision in the Appeal.

Taking note of the afore submissions, I

order this writ petition and direct the

competent Appellate Authority - the 2nd

respondent, to issue appropriate orders on

Ext.P9 as expeditiously as is possible, but

not later than one month from the date of

receipt of a copy of this judgment; making it

clear that the payments already made by the

petitioner will adhere to the decision to be

taken therein.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/7.1.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO THE VEHICLE BEARING REGISTRATION NO.KL-54-L-2583.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT MADE IN W.P(C)NO.29502/2019 DATED 06.12.2019.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 03.06.2020 ADDRESSED TO THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE DATED 04.06.2020 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 08.06.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AGAINST EXHIBIT P4 DEMAND NOTICE.

EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.28/2003 DATED 17.07.2003 ISSUED BY THE TRANSPORT COMMISSIONER.

EXHIBIT P7 TRUE COPY OF THE INTIMATION DATED 18.06.2020 ISSUED BY THE 3RD RESPONDENT ADDRESSED TO M/S.RUBY ENTERPRISES.

EXHIBIT P8 TRUE COPY OF THE PROCEEDING DATED 07.09.2020 ISSUED BY THE 1ST RESPONDENT DEMANDING A SUM OF RS.53,310/- + ADDITIONAL TAX + INTEREST WHICH WAS RECEIVED BY THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BEFORE THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS:

NIL


MC

                     (TRUE COPY)                PA TO JUDGE