Biju V.Thottam vs. The Transport Commissioner

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WP(C)/12877/2018HC KeralaGSTCNR KLHC01044467201811 April 2018Bench: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR4 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940 WP(C).No. 12877 of 2018 PETITIONER: BIJU V.THOTTAM, S/O.T.U. KUNJACHAN, AGED 47 YEARS, MANAGING PARTNER, THOTTATHIL FASHION JEWELLERY, MUNICIPAL SHOPPING COMPLEX, ROOM NO. 6, KACHERITHAZHAM, MUVATTUPUZHA, RESIDING AT THOTTATHIL HOUSE, MARKET PO, MUVATTUPUZHA 686673. BY ADV.SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): 1. THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM 695014 2. THE DEPUTY TRANSPORT COMMISSIONER CENTRAL ZONE 2, KAKKANAD, ERNAKULAM 682030 3. THE REGIONAL TRANSPORT OFFICER MUVATTUPUZHA 686661 BY SPECIAL GOVERNMENT PLEADER SRI. P.SANTHOSH PETER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-04-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PBS WP(C).No. 12877 of 2018 (H) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED 04.07.2016 EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER THE CST ACT VIDE NO. CST. 34570023672DT. 14.07.2016 EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE NO. 19172 ISSUED BY THE ASSISTANT INSPECTOR OF LABOUR PUTHUSSERY DATED 08.07.2016 EXHIBIT P4 TRUE COPY OF THE RENEWED REGISTRATION CERTIFICATE ISSUED BY THE OFFICE OF THE LABOUR OFFICER (ENFORCEMENT) PUTHUSSERY EXHIBIT P5 TRUE COPY OF THE REGISTRATION UNDER THE VALUE ADDED TAX ACT EXHIBIT P6 TRUE COPY OF THE REGISTRATION CERTIFICATE UNDER THE GST ACT EXHIBIT P7 TRUE COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION OF THE VEHICLE OF THE REVISION PETITIONER EXHIBIT P8 TRUE COPY OF THE SALE CERTIFICATE EXHIBIT P9 TRUE COPY OF THE REGISTRATION CERTIFICATE EXHIBIT P10 TRUE COPY OF THE NOTICE R1/7023/17/EM DATED 08.11.2017 EXHIBIT P11 TRUE COPY OF THE REPLY SUBMITTED TO EXHIBIT P10 EXHIBIT P12 TRUE COPY OF THE DEMAND NOTICE VIDE NO. R1/752/2018/EM DATED 27.01.2018 EXHIBIT P13 TRUE COPY OF THE ORDER NO. C-1193/2018/CZ-2 DATED 03.04.2018 EXHIBIT P14 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 1ST RESPONDENT UNDER SECTION 24 OF THE KERALA MOTOR VEHICLE TAXATION ACT RESPONDENT'S EXHIBIT NIL /TRUE COPY/ PS TO JUDGE PBS 12/4/2018 P.B. SURESH KUMAR, J. --------------------------------------- W.P.(C) No.12877 of 2018 --------------------------------------- Dated this the 11th day of April, 2018

JUDGMENT Challenging Ext.P13 appellate order issued under Section 23 of the Kerala Motor Vehicles Taxation Act, 1976 [for brevity, the Act], the petitioner preferred Ext.P14 revision before the first respondent under Section 24 of the Act. The grievance of the petitioner concerns the delay on the part of the first respondent in disposing of Ext.P14 revision. It is alleged by the petitioner that pending disposal of the revision, steps are being taken by the respondents to seize and detain the vehicle for enforcing the order impugned in Ext.P14 revision. The petitioner, therefore, seeks appropriate directions in this regard.

2.

Heard the learned counsel for the petitioner as also the learned Government Pleader appearing for the respondents.

3.

Having regard to the facts and circumstances of the case, especially the fact that Ext.P14 is a statutory revision, this Court deem it appropriate to dispose of this writ petition directing

W.P.(C) No.12877 of 2018 2 the first respondent to take a decision on Ext.P14, after affording an opportunity of hearing to the petitioner, within one month from the date of receipt of a copy of this judgment. Ordered accordingly. The petitioner shall appear before the first respondent for hearing on 02.05.2018. Needless to say that until orders are passed as directed, further action shall not be taken pursuant to the order impugned in Ext.P14 revision. P.B. SURESH KUMAR, JUDGE //// P.A. To Judge sp/04/11/18

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.