Kerala High Court
Brd Car World Limited vs State Of Kerala on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 8556 OF 2022
PETITIONER:
M/S.BRD CAR WORLD LIMITED,
HAVING ITS REGISTERED OFFICE AT
DOOR NO.1/66A, NH-47 BYPASS,
KONIKKARA, THRISSUR-680 306,
REPRESENTED BY ITS DIRECTOR,
MR. JIJIN SURENDRAN
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
PRANOY HARILAL
RESPONDENTS:
1 STATE OF KERALA
REP BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
AYYANTHOLE P.O., THRISSUR-680 003.
BY ADV
RESHMITHA RAMACHANDRAN
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.8556 of 2022
2
BECHU KURIAN THOMAS, J.
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W.P.(C).No.8556 of 2022
=====================
Dated this the 12th day of January, 2023
JUDGMENT
The limited relief, sought for in this writ petition, is for a
direction to the respondents to release the refund amount of
Rs.9,77,509/- along with the interest to the petitioner.
2. Petitioner is the authorised dealer of 'Maruti Suzuki'
vehicles in Thrissur District. They sought for cancellation of the
temporary registration certificates issued to 23 flood affected
vehicles. Consequent refund of the road tax paid by them was also
sought for. Even though all the temporary registration certificates
issued to the 23 vehicles were cancelled, refund of road tax was
received only with respect to three vehicles, while the remaining
refunds was not issued and remains due to the petitioner. Seeking
payment of the amount allegedly due to the petitioner as refund of
road tax, a representation was submitted to the 2 nd respondent on
23.10.2021. Due to delay and inaction on the part of the 2 nd
respondent in taking a decision on Exhibit P3, this writ petition has
been filed seeking directions for release of the refund amount.
3. I have heard Sri.M.Gopikrishnan Nambiar, the learned
counsel for the petitioner as well as Smt.Reshmitha Ramachandran,
W.P.(C).No.8556 of 2022
the learned Government Pleader.
4. Since Exhibit P3 representation is pending consideration. I
am of the view that this writ petition can be disposed of with a
direction.
5. Accordingly, there will be a direction to the 2 nd respondent
to consider and dispose of Exhibit P3 representation as expeditiously
as possible, at any rate, within a period of three months from the
date of receipt of a copy of this judgment.
This writ petition is disposed of.
BECHU KURIAN THOMAS
JUDGE
jka/12.01.23
W.P.(C).No.8556 of 2022
APPENDIX OF W.P.(C).NO. 8556/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED
28.2.2019 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF
THE PETITIONER'S BANK STATEMENT DATED
7.10.2021
Exhibit P3 A TRUE COPY OF REPRESENTATION DATED
23.10.2021 (ALONG WITH ITS TYPED COPY)
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT
