Vijayan Vs. the Regional Tranport Officer, Thrissur - Court Judgment

SooperKanoon Citationsooperkanoon.com/1017245
CourtKerala High Court
Decided OnJul-19-2013
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantVijayan
RespondentThe Regional Tranport Officer, Thrissur
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh friday, the 19th day of july 2013 28th ashadha, 1935 wp(c).no. 18025 of 2013 (c) ---------------------------- petitioner(s): ---------------- vijayan s/o.kunjan, mundakkal house, parappukkara thrissur. by adv. sri.k.v.gopinathan nair respondent(s): ------------------ the regional tranport officer, thrissur, pin-680 001. r by government pleader smt.sobha annamma eapen this writ petition (civil) having come up for admission on 19-07-2013, the court on the same day delivered the following: appendix in w.p.(c) no. 18025 of 201.petitioner(s) exhibits exhibit p1 : true copy of the registration particulars in respect of stage carriage kl-07/ad 81.exhibit p2 : true copy of the relevant portion of the permit showing the endorsement regarding replacement made with effect from 6 1.2005 exhibit p3 : true copy of the notice of the respondent dated 3 7.2013 exhibit p4 : true copy of the representation submitted by the petitioner before the respondent dated 8 7.2013 exhibit p5 : true copy of the judgment of this honourable court in w.p (c) no.17470 of 201.dated 29 6.2011. respondent(s) exhibits nil. //true copy// p.s. to judge. v.chitambaresh, j.------------------------------- w.p (c) no.18025 of 2013 ------------------------------- dated this the 19th day of july, 2013 judgment the petitioner is aggrieved by ext.p3 notice whereby he has been asked to get endorsement of tax with retrospective effect. the petitioner contends that such a demand is illegal in view of the dictum in shiju v. regional transport officer [2010 (4) klt 848.as well as ext.p5 judgment. the petitioner has in this regard submitted ext.p4 objection to ext.p3 notice which is engaging the attention of the respondent.2. i direct the respondent to consider ext.p4 objection with notice to the petitioner within a period of one month. the coercive steps pursuant to ext.p3 notice shall be put on hold till orders are passed by the respondent as directed above. the writ petition is disposed of. v.chitambaresh, judge. nj.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 19TH DAY OF JULY 2013 28TH ASHADHA, 1935 WP(C).No. 18025 of 2013 (C) ---------------------------- PETITIONER(S): ---------------- VIJAYAN S/O.KUNJAN, MUNDAKKAL HOUSE, PARAPPUKKARA THRISSUR. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S): ------------------ THE REGIONAL TRANPORT OFFICER, THRISSUR, PIN-680 001. R BY GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No. 18025 OF 201.PETITIONER(S) EXHIBITS EXHIBIT P1 : TRUE COPY OF THE REGISTRATION PARTICULARS IN RESPECT OF STAGE CARRIAGE KL-07/AD 81.EXHIBIT P2 : TRUE COPY OF THE RELEVANT PORTION OF THE PERMIT SHOWING THE ENDORSEMENT REGARDING REPLACEMENT MADE WITH EFFECT FROM 6 1.2005 EXHIBIT P3 : TRUE COPY OF THE NOTICE OF THE RESPONDENT DATED 3 7.2013 EXHIBIT P4 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 8 7.2013 EXHIBIT P5 : TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P (C) NO.17470 OF 201.DATED 29 6.2011. RESPONDENT(S) EXHIBITS NIL. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.

------------------------------- W.P (C) No.18025 of 2013 ------------------------------- Dated this the 19th day of July, 2013 JUDGMENT

The petitioner is aggrieved by Ext.P3 notice whereby he has been asked to get endorsement of tax with retrospective effect. The petitioner contends that such a demand is illegal in view of the dictum in Shiju v. Regional Transport Officer [2010 (4) KLT 848.as well as Ext.P5 judgment. The petitioner has in this regard submitted Ext.P4 objection to Ext.P3 notice which is engaging the attention of the respondent.

2. I direct the respondent to consider Ext.P4 objection with notice to the petitioner within a period of one month. The coercive steps pursuant to Ext.P3 notice shall be put on hold till orders are passed by the respondent as directed above. The Writ Petition is disposed of. V.CHITAMBARESH, Judge. nj.