Leelavathy vs The Transport Commissioner
2021 Latest Caselaw 8324 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.1567 OF 2021(U)


PETITIONER:

               LEELAVATHY
               AGED 39 YEARS
               W/O. NAVEEN,
               PROPRIETOR LAKSHMI-SARASWATHI BUS SERVICE,
               NO-70, BANGALORE ROAD, MULLIPALAYAM,
               VELLORE, TAMIL NADU-632 008.

               BY ADVS.
               SRI.G.HARIHARAN
               SRI.PRAVEEN.H.

RESPONDENTS:

      1        THE TRANSPORT COMMISSIONER
               TRANS TOWERS, VAZHUTHACAUD,
               THIRUVANANTHAPURAM-695 014.

      2        REGIONAL TRANSPORT OFFICER
               PALAKKAD-678 001.

      3        REGIONAL TRANSPORT OFFICER
               VELLORE, TAMIL NADU, PIN-632 008.

      4        REGIONAL TRANSPORT OFFICER
               COIMBATORE CENTRAL, COIMBATORE,
               TAMIL NADU.

      5        RADHA SWAMINATHAN
               PROPRIATOR HARIHARASUDHAN TRANSPORT,
               215 E, PARSON GANPATH APARTMENTS,
               SHASTRI ROAD, RAM NAGAR,
               COIMBATORE, TAMIL NADU DISTRICT-641 009.

      6        ADDL.R6.NATIONAL INFORMATICS CENTRE
               (SOUGHT TO BE IMPLEADED)

      7        ADDL. R6 NATIONAL INFORMATICS CENTRE,
               CIVIL STATION,
               THRIKKAKARA,KAKKANAD,KERALA - 682030
               REPRESENTED BY ITS AUTHORISED OFFICER.
 WP(C).No.1567 OF 2021(U)

                               2



             ADDL.R6 IS IMPLEADED AS PER ORDER DATED 11.02.2021
             IN I.A. NO.1/2021 IN W.P.(C) 1567/2021

             R2 BY GOVERNMENT PLEADER

OTHER PRESENT:

             SR.GP K.P HARISH,CGC SMT.MINI GOPINATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1567 OF 2021(U)

                                3



                           JUDGMENT

Dated this the 12th day of March 2021

The petitioner herein is a stage carriage operator in

respect of a vehicle which was operating in Tamil Nadu on

the strength of regular permit. Subsequently, vehicle was

purchased by the 5th respondent in 2017 and he applied

for transfer of RC ownership. It was understood that the

vehicle was black listed due to the audit objections issued

by the Officers regarding non delivery of Rs. 1,44,000/-

at the Motor Vehicle Check Post, Govindapuram. The

contention of the petitioner is that, he has not operated

the vehicle in State of Kerala and the above claim is

absolutely baseless.

2. After hearing the learned counsel for the

petitioner and learned Senior Government Pleader, who

has filed detailed objection it emerges that the claim is

made on the basis of tax arrears. Necessarily, it has been

incorporated in the Vahan Site and the vehicle is treated

to be black listed. Evidently, unless the black listing is WP(C).No.1567 OF 2021(U)

removed, the Motor Vehicle's Authority cannot proceed

with the processing of these applications.

3. The petitioner has a specific contention that the

amount is not only liable to be paid by the petitioner but

it is highly excessive also. The petitioner was not aware

of any such liability and it was not convened to him by

the earlier owner it was contented.

4. Having considered these, I am inclined to

dispose of the writ petition itself by directing the

petitioner to file a proper representation before the 2 nd

respondent as expeditiously as possible and on receipt of

such an application, the 2nd respondent shall conduct a

limited enquiry with the records at check post and pass

appropriate orders with intimation to the petitioner within

3 weeks thereafter. The petitioner will free to move this

Court thereafter, if he is still aggrieved.

The writ petition is closed accordingly.

                                                     (Sd/-)
                                                  SUNIL THOMAS,
          LU                                         JUDGE
 WP(C).No.1567 OF 2021(U)






            APPENDIX OF WP(C) 1567/2021
    PETITIONER'S/S EXHIBITS:

    EXHIBIT P1          TRUE COPY OF THE PROCEEDINGS OF THE
                        RTA VELLORE ISSUED ON 14.2.2018.

    EXHIBIT P2          TRUE COPY OF THE DETAILS OF TAX

PAYMENT MADE BY THE 5TH RESPONDENT RELATING TO THE VEHICLE IN QUESTION AS ON 31.3.2017 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE RTA, VELLORE ISSUED ON 23.2.2017 EVIDENCING REPLACEMENT OF VEHICLE NO.TN-23AH-2269 WITH VEHICLE NO.TN-6E- 5665.

EXHIBIT P4 TRUE COPY OF THE RC STATUS AVAILABLE FROM THE VAHAN SOFTWARE RELATING TO VEHICLE NO.TN-66E-5665.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF FITNESS ISSUED BY THE 3RD RESPONDENT RELATING TO VEHICLE NO.TN-66E-5665.

EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO-28/2016 DATED 9.11.2016 ISSUED BY THE TRANSPORT COMMISSIONER.

// True Copy // PA To Judge