Leelavathy vs The Transport Commissioner
2021 Latest Caselaw 19607 Ker

WP(C) No.17783/2021                        1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
            Friday, the 17th day of September 2021 / 26th Bhadra, 1943
                              WP(C) NO. 17783 OF 2021
   PETITIONER:

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

   RESPONDENTS:

      1. THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD,
         THIRUVANANTHAPURAM 695 014
      2. REGIONAL TRANSPORT OFFICER, PALAKKAD - 678 001
      3. REGIONAL TRANSPORT OFFICER, VELLORE, TAMILNADU - 232008
      4. REGIONAL TRANSPORT OFFICER, COIMBATORE CENTRAL, COIMBATORE, TAMIL
         NADU - 641 018
      5. NATIONAL INFORMATICS CENTRE, CIVIL STATION, THRIKKAKARA, KAKKANAD,
         KERALA, REP.BY ITS AUTHORIZED OFFICER, PIN - 682 030
      6. THE UNION OF INDIA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
         GOVERNMENT, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
         BHAVAN, 1, SANSAD MARG, NEW DELHI - 110 001
      7. SMT.RADHA SWAMINATHAN, PROPRIETOR HARIHARASUDHAN TRANSPORT, 215 E,
         PARSON GANPATH APARTMENTS, SHASTRI ROAD, RAM NAGAR, COIMBATORE,
         TAMIL NADU DISTRICT - 641 009


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further proceedings pursuant to Exhibit P11 order and
   be pleased to direct the 2nd respondent to lift the blacklisting of
   vehicle mentioned in Exhibit P4, pending disposal of the Writ Petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.G.HARIHARAN, PRAVEEN HARIHARAN, SMITHA PRAVEEN & V.R.SANJEEV KUMAR,
   Advocates for the petitioner, GOVERNMENT PLEADER for R1 to R3 and of
   ASSISTANT SOLICITOR GENERAL OF INDIA for R5 & R6, the court passed the
   following:
 WP(C) No.17783/2021                       2/4




                             BECHU KURIAN THOMAS, J.
                             ----------------------------------------
                                 WP(C) No. 17783 of 2021
                             ----------------------------------------
                         Dated this the 17th day of September, 2021


                                         ORDER

After hearing the learned Counsel for the petitioner as well

as the learned senior Government Pleader, I am satisfied that

the petitioner has made out a case worth admitting. Hence,

this writ petition is admitted.

The learned Government Pleader takes notice on behalf of

respondents 1 to 3. Issue notice to respondents 4 and 7. The

learned Assistant Solicitor General of India takes notice on

behalf of respondents 5 and 6.

Ext.P10 is the impugned order. It is issued pursuant to the

directions of this Court in Ext.P5 judgment. I am, prima facie,

satisfied that Ext.P11 is bereft of any material particulars about

the basis on which the vehicle is liable to suffer motor vehicle

tax in Kerala that too to the extend of the amount mentioned in WP(C) No.17783/2021 3/4

WP(C)No.17783 of 2021

Ext.P10. However, since the vehicle cannot be permitted to ply

on the roads without payment of tax, it is directed that the

petitioner shall pay under protest, the amount of Rs.8,64,000/-

as Kerala Motor Vehicle Tax for the vehicle TN-66 E-5665 and

remove blacklisting if any, forthwith. By this direction, it is not

to be understood that this Court has considered the question.

The amount so deposited by the petitioner shall carry

interest at bank rate from the date of deposit till its return, if

petitioner is ultimately found not liable to pay the said tax

amount. The question whether non-payment of Motor Vehicle

Tax will entail blacklisting will be considered at the appropriate

stage.

Sd/-

                                                    BECHU KURIAN THOMAS

                                                          JUDGE
        AJ/17.09.2021




17-09-2021                      /True Copy/                       Assistant Registrar
 WP(C) No.17783/2021                 4/4

                       APPENDIX OF WP(C) 17783/2021
Exhibit P4            TRUE COPY OF THE RC STATUS AVAILABLE FROM THE VAHAN

SOFTWARE RELATING TO VEHICLE NO.TN-66 E-5665 Exhibit P5 TRUE COPY OF THE CERTIFICATE OF FITNESS DATED 21.2.2020 RELATING TO VEHICLE NO.TN-66 E- 5665 ISSUED BY THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 20.3.2021 SENT BY THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT Exhibit P11 TRUE COPY OF THE ORDER DATED 3/5/2021 PASSED BY THE 2ND RESPONDENT