Kerala High Court
Leelavathy vs The Transport Commissioner on 12 March, 2021
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
WP(C).No.1567 OF 2021(U)
PETITIONER:
LEELAVATHY
AGED 39 YEARS
W/O. NAVEEN,
PROPRIETOR LAKSHMI-SARASWATHI BUS SERVICE,
NO-70, BANGALORE ROAD, MULLIPALAYAM,
VELLORE, TAMIL NADU-632 008.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENTS:
1 THE TRANSPORT COMMISSIONER
TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014.
2 REGIONAL TRANSPORT OFFICER
PALAKKAD-678 001.
3 REGIONAL TRANSPORT OFFICER
VELLORE, TAMIL NADU, PIN-632 008.
4 REGIONAL TRANSPORT OFFICER
COIMBATORE CENTRAL, COIMBATORE,
TAMIL NADU.
5 RADHA SWAMINATHAN
PROPRIATOR HARIHARASUDHAN TRANSPORT,
215 E, PARSON GANPATH APARTMENTS,
SHASTRI ROAD, RAM NAGAR,
COIMBATORE, TAMIL NADU DISTRICT-641 009.
6 ADDL.R6.NATIONAL INFORMATICS CENTRE
(SOUGHT TO BE IMPLEADED)
7 ADDL. R6 NATIONAL INFORMATICS CENTRE,
CIVIL STATION,
THRIKKAKARA,KAKKANAD,KERALA - 682030
REPRESENTED BY ITS AUTHORISED OFFICER.
WP(C).No.1567 OF 2021(U)
2
ADDL.R6 IS IMPLEADED AS PER ORDER DATED 11.02.2021
IN I.A. NO.1/2021 IN W.P.(C) 1567/2021
R2 BY GOVERNMENT PLEADER
OTHER PRESENT:
SR.GP K.P HARISH,CGC SMT.MINI GOPINATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1567 OF 2021(U)
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JUDGMENT
Dated this the 12th day of March 2021 The petitioner herein is a stage carriage operator in respect of a vehicle which was operating in Tamil Nadu on the strength of regular permit. Subsequently, vehicle was purchased by the 5th respondent in 2017 and he applied for transfer of RC ownership. It was understood that the vehicle was black listed due to the audit objections issued by the Officers regarding non delivery of Rs. 1,44,000/- at the Motor Vehicle Check Post, Govindapuram. The contention of the petitioner is that, he has not operated the vehicle in State of Kerala and the above claim is absolutely baseless.
2. After hearing the learned counsel for the petitioner and learned Senior Government Pleader, who has filed detailed objection it emerges that the claim is made on the basis of tax arrears. Necessarily, it has been incorporated in the Vahan Site and the vehicle is treated to be black listed. Evidently, unless the black listing is WP(C).No.1567 OF 2021(U) 4 removed, the Motor Vehicle's Authority cannot proceed with the processing of these applications.
3. The petitioner has a specific contention that the amount is not only liable to be paid by the petitioner but it is highly excessive also. The petitioner was not aware of any such liability and it was not convened to him by the earlier owner it was contented.
4. Having considered these, I am inclined to dispose of the writ petition itself by directing the petitioner to file a proper representation before the 2 nd respondent as expeditiously as possible and on receipt of such an application, the 2nd respondent shall conduct a limited enquiry with the records at check post and pass appropriate orders with intimation to the petitioner within 3 weeks thereafter. The petitioner will free to move this Court thereafter, if he is still aggrieved.
The writ petition is closed accordingly.
(Sd/-)
SUNIL THOMAS,
LU JUDGE
WP(C).No.1567 OF 2021(U)
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APPENDIX OF WP(C) 1567/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE
RTA VELLORE ISSUED ON 14.2.2018.
EXHIBIT P2 TRUE COPY OF THE DETAILS OF TAX
PAYMENT MADE BY THE 5TH RESPONDENT RELATING TO THE VEHICLE IN QUESTION AS ON 31.3.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE RTA, VELLORE ISSUED ON 23.2.2017 EVIDENCING REPLACEMENT OF VEHICLE NO.TN-23AH-2269 WITH VEHICLE NO.TN-6E- 5665.
EXHIBIT P4 TRUE COPY OF THE RC STATUS AVAILABLE FROM THE VAHAN SOFTWARE RELATING TO VEHICLE NO.TN-66E-5665.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF FITNESS ISSUED BY THE 3RD RESPONDENT RELATING TO VEHICLE NO.TN-66E-5665. EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO-28/2016 DATED 9.11.2016 ISSUED BY THE TRANSPORT COMMISSIONER.
// True Copy // PA To Judge