Kerala High Court
R.Sigamani vs The Transport Commissioner on 17 September, 2021
WP(C) No.17790/2021 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. 17790 OF 2021
PETITIONER:
R.SIGAMANI, W/O. RAMALINGAM, 1/167, NORTH STREET, NORTH
POINGAINALLUR, NAGAPPATTINAM DISTRICT, TAMILNADU REPRESENTED BY HER
POWER OF ATTORNEY HOLDER, R.PRABAHARAN, S/O. RAMALINGAM, DOOR
NO.78,PERUMAL SOUTH STREET, NAGAPATTINAM, TAMILNADU-611 001
RESPONDENTS:
1. THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014
2. REGIONAL TRANSPORT OFFICER, PALAKKAD-678 001
3. REGIONAL TRANSPORT OFFICER, NAGAPATTINAM, TAMILNADU-611 001
4. REGIONAL TRANSPORT OFFICER, COIMBATORE CENTRAL, COIMBATORE, TAMIL
NADU-641 018
5. NATIONAL INFORMATICS CENTRE, CIVIL STATION, THRIKKAKARA, KAKKANAD,
KERALA, REPRESENTED 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 P10 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 orders 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,and GOVERNMENT PLEADER for Respondents 1 to
3, and of ASSISTANT SOLICITOR GENERAL OF INDIA for Respondents 5 and 6 the
court passed the following:
WP(C) No.17790/2021 2/4
BECHU KURIAN THOMAS, J.
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WP(C) No. 17790 of 2021
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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.P10 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
WP(C) No.17790/2021 3/4
WP(C)No.17790 of 2021
amount mentioned in 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-5959 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. Whenever non-payment of Motor Vehicle Tax will
entail blacklisting, that question 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.17790/2021 4/4
APPENDIX OF WP(C) 17790/2021
Exhibit P4 TRUE COPY OF THE CERTIFICATE OF FITNESS DATED
03.01.2020 RELATING TO VEHICLE NO. TN-66 E-5959 ISSUED
BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WPC 1699/2021 DATED
12.03.2021
Exhibit P10 TRUE COPY OF THE ORDER DATED 03.05.2021 PASSED BY THE
2ND RESPONDENT
