Kerala High Court
R.Sigamani 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.1699 OF 2021(J)
PETITIONER:
R.SIGAMANI
AGED 41 YEARS
1/167, NORTH STREET,
NORTH POINGAINALIUR,
NAGAPATTINAM DISTRICT,
TAMILNADU
REPRESENTED BY HER POWER OF ATTORNEY HOLDER
R. PRABAHARAN,
S/O. RAMALINGAM,
DOOR NO. 78,
PERUMAL SOUTH STREET,
NAGAPATTINAM,
TAMILNADU 611 001
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SRI.V.R.SANJEEV KUMAR
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,
TAMILNADU 641 018
5 NATIONAL INFORMATICS CENTRE,
CIVIL STATION, THRIKKAKARA,
KAKKANAD, KERALA
REPRESENTED BY ITS AUTHORIZED OFFICER,
PIN 682 030
WP(C).No.1699 OF 2021(J)
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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,
PROPRIATOR HARIHARASUDHAN TRANSPORT,
215 E, PARSON GANPATH APARTMENTS,
SHASTRI ROAD, RAM NAGAR,
COIMBATORE,
TAMIL NADU DISTRICT 641 009
R1-3 BY K.P. HARISH, GOVERNMENT PLEADER
R5-6 BY SMT.MINI GOPINATH, CGC
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.1699 OF 2021(J)
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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 7th 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.1699 OF 2021(J) 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 the 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.1699 OF 2021(J)
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APPENDIX OF WP(C) 1699/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED
20-01-2021 OF THE REGIONAL TRANSPORT AUTHORITY, NAGAPATTINAM EVIDENCING REPLACEMENT OF BUS NO. TN-51E-2151 WITH BUS NO.TN-66E-5959 EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE NO TN-66 E 5959 AS STOOD IN THE NAME OF THE 7TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE RC STATUS AVAILABLE FROM THE VAHAN SOFTWARE RELATING TO VEHICLE NO. TN-66E-5959 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 CIRCULAR NO-28/2016 DATED 9.11.2016 ISSUED BY THE TRANSPORT COMMISSIONER.
// True copy // PA To Judge