Kerala High Court
Unknown vs By Advs.Sri.M.R.Venugopal on 20 February, 2018
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 19TH DAY OF MARCH 2018 / 28TH PHALGUNA, 1939
WP(C).No. 40338 of 2017
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PETITIONER(S)
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P.K.V. MOHAN,
PARAKKAL HOUSE, ATHIPOTTA,
ALATHUR, PALAKKAD.
BY ADVS.SRI.M.R.VENUGOPAL
SMT.DHANYA P.ASHOKAN.
RESPONDENT(S):
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1. THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY CUM
REGIONAL TRANSPORT OFFICER (RTO),
PALAKKAD-678 001.
2. THE REGIONAL TRANSPORT AUTHORITY,
PALAKKAD, REPRESENTED BY ITS SECRETARY, PIN-678 001.
* ADDL. R3 IMPLEADED
3. THE DISTRICT COLLECTOR,
CIVIL STATION, PALAKKAD, PIN-678 001.
* ADDL. R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 20/02/2018.
BY SPL. GOVT. PLEADER SRI.SANTHOSH PETER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-03-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
24/03/2018.
WP(C).No. 40338 of 2017 (N)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1- TRUE COPY OF THE REGULAR PERMIT WITH ITS
NO.P.ST.C4/09/2003/P.
EXHIBIT P2- TRUE COPY OF THE REPLACEMENT APPLICATION
DATED 04/12/2017.
EXHIBIT P3- TRUE COPY OF THE CHELAN RECEIPT DATED 04/12/2017.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 14/02/2012 IN
W.P.(C)NO.1384/2012 OF THE HONOURABLE HIGH COURT
OF JUDICATURE, MADRAS.
EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 07/03/2012.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 31/01/2013.
EXHIBIT P7 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 12/03/2012
ISSUED BY THE DISTRICT COLLECTOR, PALAKKAD.
EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE
TAHSILDAR, ALATHUR TALUK.
EXHIBIT P9 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 13/03/2012
ISSUED BY THE VILLAGE OFFICER.
EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 11/01/2018 ALONG WITH
FEE RECEIPT OF PERMIT RENEWAL PRODUCED BEFORE THE
1ST RESPONDENT.
RESPONDENT'S EXHIBITS:
ANNEXURE R1A COPY OF THE LETTER NO.B5/2008/29754/9 DATED 25/08/2008
OF THE DISTRICT COLLECTOR, PALAKKAD.
//TRUE COPY//
P.S. TO JUDGE
rs.
24/03/2018.
ANU SIVARAMAN, J.
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W.P.(C).No.40338 of 2017
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Dated this the 19th day of March, 2018
JUDGMENT
This writ petition is filed seeking directions to the first respondent to allow replacement of the vehicle in respect of the route Walayar - Palakkad Railway Station on the basis of Ext.P2 application. A statement has been filed by the first respondent stating that though the application for replacement had been received by the first respondent, an objection was received from the District Collector, Palakkad, vide letter 25.8.2008 stating that the petitioner is the registered owner of stage carriage No.KL-9/J-4335 had to pay an amount of Rs.1,26,77,564/- towards TNGST dues. The said letter was produced as Ext.R1(a). The learned counsel for the petitioner contends that the said order of assessment had already been set aside by the High Court of Madras. Ext.P4 judgment, dated 14.2.2012 has been produced in support of the said contention. It is stated that all further W.P.(C).No.40338 of 2017 : 2 : steps required to be taken by the petitioner pursuant to Ext.P4 judgment had been taken and that there is absolutely no justification for the respondents in refusing to consider the application for replacement. It is contended that the petitioner's application for replacement of the vehicle had been kept pending and no orders have been passed in respect of the above.
2. The learned Special Government Pleader has contended that the application for replacement can be considered on the specific condition that the tax arrears in respect of the vehicle being replaced are satisfied. It is further submitted that the incoming vehicle as well as the earlier vehicle may not be permitted to be alienated till the petitioner produces material to show that the proceedings against him have been withdrawn by the Tamil Nadu Government. The learned counsel for the petitioner contends that the petitioner is ready to abide by any condition for consideration of the application.
3. In the above view of the matter, there will be a W.P.(C).No.40338 of 2017 : 3 : direction to the first respondent to take up, consider and pass orders on Ext.P2 application on condition that the petitioner shall satisfy all dues on the vehicle which is sought to be replaced and produce evidence to that regard before the respondents. The petitioner shall also produce a copy of Ext.P4 and the further proceedings taken by the Commercial Tax Department, Tamil Nadu Government pursuant thereto, before the respondents.
4. Ext.P10 application for renewal of the permit shall also be boarded at the next meeting of the RTA and the same shall be considered by the RTA without further delay, within a period of six weeks from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Bb/21/3/2018 [True copy] P.A to Judge