Kerala High Court
Raju vs Joint Regional Transport Officer on 8 November, 2024
Author: P Gopinath
Bench: P Gopinath
2024:KER:83437
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 38173 OF 2022
PETITIONER/S:
RAJU,AGED 55 YEARS
S/O, ANIRUDHAN.K.G, MANGATTEL HOUSE,
KALIKAVU,KURAVILANGAD P.O
KOTTAYAM DISTRICT- 686633
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
GENTLE C.D.
RESPONDENT/S:
1 JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, UZHAVOOR,
KOTTAYM DISTRICT -686634
2 TRANSPORT COMMISSIONER, TRANS TOWERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM -695014
3 MR.MANOJ,
PROPRIETOR, M/S. SARANYA MOTORS,
KOTTARAKKARA , KOLLAM DISTRICT- 691506
4 THE VILLAGE OFFICER,
KURAVILANGAD VILLAGE,
MEENACHIL TALUK,
KOTTAYAM DISTRICT, PIN - 686633
2024:KER:83437
WP(C) NO. 38173 OF 2022 2
5 DEPUTY TAHSILDAR (RR),
MEENACHIL TALUK, PALA, KOTTAYAM DISTRICT - 686575
BY ADV ADVOCATE GENERAL OFFICE KERALA
SMT. JASMIN M M (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:83437
WP(C) NO. 38173 OF 2022 3
JUDGMENT
The petitioner has approached this Court, seeking the
following reliefs:-
''i. Issue a writ of mandamus or any other
appropriate writ or order commanding the 1 st respondent to lift
the blacklisting of the vehicle mentioned in Exhibit p1 and to
adjudicate the issue relating to the issuance of blacklisting of
the vehicle after hearing the petitioner and after affording him
with an opportunity of being heard in the matter.
ii. Issue a writ of mandamus or any other appropriate
writ or order commanding the 1st respondent to consider and
take decision on Exhibit P9 objection filed by the petitioner
after hearing him and affording him with an opportunity of
being heard.
iii. Issue a writ of mandamus or any other
appropriate writ or order commanding 1st respondent to
quantify the demand for payment of motor vehicle tax of the
vehicle mentioned in Exhibit P1 taking note of the garaging of
the vehicle and also taking note of the various exemptions
granted by the Government from payment of Motor vehicle tax
during the lock down period commencing from 25.03.2020.''
2. Learned Government Pleader points out that the very
same demand was subject matter of an earlier challenge before
this Court, which resulted in Ext.P6 judgment [dated
14.06.2022, in W.P.(C.) 15976 of 2022], dismissing the writ
petition filed by the petitioner.
3. Learned counsel appearing for the petitioner submits
that there are other demands which were not subject matter of
Ext.P6 judgment and that the petitioner has filed Ext.P9
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representation before the 1st respondent and the same may be
directed to be considered in accordance with the law.
4. Having heard the learned counsel appearing for the
petitioner and the learned Government pleader and having
regard to the limited nature of relief now sought for by the
petitioner, the writ petition will stand disposed of, directing the
1st respondent to consider and pass orders on Ext.P9
representation, in accordance with the law, after affording an
opportunity of hearing to the petitioner. While passing orders
on Ext.P9, the 1st respondent will have due regard to the
findings of this Court in Ext.P6 judgment also. I make it clear
that, I have not expressed any opinion on the merits of the
petitioner's claim and it will be open to the 1 st respondent to
pass appropriate orders, in accordance with the law. Petitioner
shall produce a copy of this writ petition along with the certified
copy of this judgment before the 1st respondent within two
weeks from today.
Sd/-
GOPINATH P.
JUDGE
ajt
2024:KER:83437
APPENDIX OF WP(C) 38173/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE
RELATING TO VEHICLE NO.KL-05AL-801
Exhibit P2 TRUE COPY OF THE FORM G INTIMATION FOR THE
PERIOD COMMENCING FROM 01.10.2018 TO
31.12.2018 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE FORM G INTIMATION SUBMITTED
FOR THE PERIOD 01.04.2022 TO 31.03.2023
RELATING TO BUS NO.KL-5AL-801 BEFORE THE 1ST
RESPONDENT
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED
16.04.2022 ISSUED BY THE 1ST RESPONDENT
DEMANDING A SUM OF RS.1,45,775/-
Exhibit P5 TRUE COPY OF THE RC STATUS AS ON 23.11.2022
RELATING TO VEHICLE NO.KL-05AL-801
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 14.06.2022
MADE IN W.P.(C).NO.15976/2022 ISSUED BY THIS
HON'BLE COURT
Exhibit P7 TRUE COPY OF THE DEMAND NOTICE DATED
30.09.2022 ISSUED U/S. 7 OF THE RR ACT BY THE
5TH RESPONDENT THROUGH THE 4TH RESPONDENT
DEMANDING A SUM OF RS.2,24,076 AGAINST THE
PETITIONER
Exhibit P8 TRUE COPY OF THE DEMAND NOTICE DATED
30.09.2022 ISSUED U/S. 34 OF THE RR ACT BY
THE 5TH RESPONDENT THROUGH THE 4TH RESPONDENT
DEMANDING A SUM OF RS.2,24,076 AGAINST THE
PETITIONER
Exhibit P9 TRUE COPY OF THE OBJECTION DATED 25.10.2022
SUBMITTED BY THE PETITIONER ADDRESSED TO THE
1ST AND 5TH RESPONDENTS
