Usha C.V vs The Regional Transport Officer
2021 Latest Caselaw 15525 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                        THE HONOURABLE MR. JUSTICE A.M.BADAR

               FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943

                              WP(C) NO. 14527 OF 2021

PETITIONER:

               USHA C.V.,
               AGED 65 YEARS,
               BADARI, ALAPPAT ROAD,
               RAVIPURAM, ERNAKULAM-682 016.
               BY ADVS.
               V.GIRISHKUMAR
               BIJU K. VAVA
               S.KRISHNA


RESPONDENTS:

     1         THE REGIONAL TRANSPORT OFFICER,
               2ND FLOOR, CIVIL STATION, KAKKANAD,
               VAZHAKKALA, KOCHI, KERALA-682 030.


     2         THE COMMISSIONER,
               TRANSPORT COMMISSIONERATE,
               2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD,
               THYCAUD P.O., THIRUVANANTHAPURAM-695 014.


               R1-2 BY SMT.THUSHARA JAMES, SPECIAL GOVERNMENT PLEADER (TAX).



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.07.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14527 OF 2021

                                        2




                                 JUDGMENT

Dated this the 23rd day of July 2021

Heard the learned Counsel appearing for the respondents. The

learned Government Pleader takes notice for both respondents and submits

that the impugned appellate order is revisable order and the revision lies

under Section 24 of the Motor Vehicle Taxation Act read with Rule No.13

framed thereunder.

2. The learned counsel for the petitioner submits that she will be

filing the revision within a time of one week from today. The learned

counsel for the petitioner submits that hearing of the revision may kindly be

expedited.

In this view of the matter, the petition is closed with the liberty

to the petitioner to file a revision petition challenging the impugned

appellate order. If such a revision petition is filed, this Court hopes and

trusts that the learned Transport Commissioner shall decide the same

revision petition as expeditiously as possible.

Sd/-

A.M.BADAR JUDGE

SSK/23/07 WP(C).No.14527 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN PETITIONER'S NAME DATED 11-08-2017.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE TRANSPORT DEPARTMENT, STATE OF KARNATAKA.

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 19-11-2019.

EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 17-09-2020.

EXHIBIT P5 TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENT DATED 16-10-2020.

EXHIBIT P6 TRUE COPY OF THE ORDER IN APPEAL NO.75/2020 ISSUED BY THE 2ND RESPONDENT DATED 29-12-2020 ALONG WITH ENGLISH TRANSLATION.

RESPONDENT'S EXHIBITS:NIL


SSK                      //TRUE COPY//            PA TO JUDGE