Duraiswamy.K vs State Of Kerala
2021 Latest Caselaw 797 Ker

          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

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

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