IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 2197 of 2005(J) ------------------------------------ PETITIONER: ------------------ SUKUMARAN, S/O. MUTHUSWAMY, SANTHOSH NIVAS, KULAMVETTIVILLA, NEDUMAN, KALLAYAM P.O., NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.M.TRIPTEN RESPONDENTS: ----------------------- 1. JOINT REGIONAL TRANSPORT OFFICER, JOINT R.T.O. OFFICE, NEDUMANGADU. 2. THE DEPUTY COMMISSIONER OF TRANSPORT, TRANSPORT BHAVAN, SOUTH ZONE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.TEK CHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).2197/2005-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RC BOOK. EXT.P2: COPY OF THE APPLICATION FILED BEFORE THE 1ST RESPONDENT DATED 11/06/04. EXT.P3: COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 13/09/04. EXT.P4: COPY OF THE D/D FOR AN AMOUNT OF Rs.4800/- DATED 18/12/04. EXT.P5: COPY OF THE MEMO ISSUED BY THE 1ST RESPONDENT DATED 11/06/04. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ K. BALAKRISHNAN NAIR, J. ---------------------------------------- W.P.(C) No.2197 OF 2005 ---------------------------------------- Dated this the 18th day of September, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner is the registered owner of the vehicle bearing registration No. KL-01/C-8938. The vehicle was garaged for major repairs on 1.1.2003. The petitioner submits he has filed G Forms for the said vehicle for the period from 1.1.2003 to 31.12.2004. While so, the repairs of the vehicle were over by 10.6.2004. So, he filed Ext.P2 representation praying that he proposes to pay tax from 1.7.2004 and operate the vehicle and therefore the tax for the said quarter starting from 1.7.2004 may be received. While so, he was orally directed by the Regional Transport Officer to pay the tax from 1.1.2003 to 30.6.2004. Aggrieved by that direction, he filed an appeal before the Deputy Transport Commissioner, Trivandrum. The said appeal was disposed of by Ext.P3. The appellate authority found that no G Forms were filed for the quarters ending on 31.3.2003, 30.9.2003 and 31.12.3003. But, the Joint R.T.O, Nedumangad was directed to receive the tax for the current quarter. Alleging that the 1st respondent did not comply W.P.(C) No.2197/2005 2 with the direction in Ext.P3, this writ petition was filed seeking the following reliefs. “a) Issue a writ of mandamus of other appropriate writ direction or order commanding the 1st respondent to comply the ext.P3, order passed by the Deputy Commissioner of Transport, Thiruvananthapuram dated 13.9.2004 and to receive the current tax of the vehicle KL-01/C-8938 as early as possible. b) Issue such other direction or order which deem fit for the facts and circumstances of the case so as to remit the current tax of the vehicle and to test the vehicle immediately.” 2. This Court passed the following interim order in this writ petition on 20.1.2005. “Urgent notice. Ext.P3 is under challenge. However, pending examination of the same, there will be a direction that the benefits arising from the last paragraph of the above said order should be given to the petitioner.” By the above interim order, the prayer of the petitioner in this writ petition has been allowed. Therefore, no further orders are required in this writ petition. It is accordingly closed, maintaining the above interim order. If the said order is violated, the petitioner can workout his remedy against the same. (K.BALAKRISHNAN NAIR, JUDGE) ps