IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 OP.No. 24484 of 2001(M) ----------------------- PETITIONER: ------------ JAMES T. PAILY, AGED 38, SON OF CHERIAN PAILY, THERALIL HOUSE, KALLAR P.O., IDUKKI DIST. BY ADV. SRI.P.GOPINATH SRI.V.B.HARI NARAYANAN RESPONDENTS: ------------- 1. THE REGIONAL TRANSPORT AUTHORITY, IDUKKI. 2. THE SECRETARY,S REGIONAL TRANSPORTAUTHORITY, IDUKKI. 3. THE REGIONAL TRANSPORT OFFICER, IDUKKI. BY G.P. SMT. SMITHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 40084 OF 2001 IN OP 24484 OF 2001 DISMISSED 1.2.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RELEVANT PAGES OF THE REGISTRATION PARTICULARS OF S/C. KL-6/6505 EXT.P2 TRUE COPY OF THE JUDGMENT DATED 16.12.2000 IN OP 28088 OF 2000 EXT.P3 TRUE COPY OF THE ORDER DATED 29.5.2001 ISSUED BY THE THIRD RESPONDENT TOGETHER WITH DEMAND NOTICE DATED 29.5.2001 EXT.P4 TRUE COPY OF THE ORDER DATED 5.7.2001 ISSUED BY THE GOVERNMENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 24484 OF 2001 -------------------------------------------- Dated this the 1st day of February, 2008 JUDGMENT O.P. is filed challenging the demand of arrears of motor vehicle tax due in respect of a vehicle. Even though interim order was granted by this Court directing payment of Rs. 35,000/- as a condition for stay, petitioner has not paid the same. Consequently there was no stay for the last six years. According to the petitioner, vehicle was repossessed by the financier on 30.6.1999 and was released to the petitioner on 16.6.2000. The further case of the petitioner is that vehicle had only permit for short time and for the balance period for which demand is raised, petitioner had no permit. If vehicle did not have fitness certificate or permit, then of course tax at non-transport vehicle rate could be recovered from the petitioner. In any case since no counter affidavit is filed and having regard to the contentions raised, I feel one more opportunity can be granted to the petitioner to get whatever reduction that is permissible on conditions. If Rs. 50,000/- is paid within two weeks from the date of receipt of a copy of this judgment, 2 then there will be direction to the RTO to go through the RC book, and verify the period for which vehicle is retained by the financier, the period when vehicle had permit and the period when it was without permit and fitness certificate and recompute the tax liability in accordance with statute and in the light of the above. observations and make suitable endorsement in the RC book and demand payment of balance due. However, if the petitioner does not comply with the above direction, recovery can be continued in terms of the original demand. O.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3