IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 18884 of 2011(I) ------------------------------------- PETITIONER: ------------------- P. SAJEESH, AGED 40 YEARS, S/O. VIJAYAN, NO. 84 AND 85, KALASHIPALAYAM MAIN ROAD, OPPOSITE POST OFFICE, BANGALORE - 560 002. BY ADVS. SRI.M.A.FAYAZ, SRI.N.J.JOHNSON. RESPONDENTS: ------------------------ 1. REGIONAL TRANSPORT OFFICER, CIVIL STATION, KANNUR - 670 003. 2. DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, KOZHIKODE - 673 020. R1 & R2 BY GOVT. PLEADER SRI. JAMES MATHEW KADAVAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011,ALONG WITH W.P.(C). NO. 19012 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18884/2011-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE VEHICLE BEARING REGISTRATION NUMBER KA-01-B4806. EXT.P.2: COPY OF THE RECEIPT FOR RS.53,800/- ISSUED BY THE MOTOR VEHICLES INSPECTOR AT THE IRITTY CHECK POST. EXT.P.3: COPY OF THE LETTER DTD. 29/01/2008 SENT BY PETITIONER TO THE R.1. EXT.P.4: COPY OF THE PETITIONER'S APPLICATION DTD. 23/07/2009 SUBMITTED BEFORE THE INFORMATION OFFICER, REGIONAL TRANSPORT OFFICE, KANNUR. EXT.P.5: COPY OF THE APPEAL PETITION DTD. 06/10/2009 SUBMITTED BY PETITIONER BEFORE THE APPELLATE AUTHORITY (RIGHT TO INFORMATION ACT). EXT.P.6: COPY OF THE REPLY LETTER TO EXT.P.4 ISSUED BY THE PUBLIC INFORMATION OFFICER, REGIONAL TRANSPORT OFFICE, KANNUR TO THE PETITIONER DTD. 08/09/2009. EXT.P.7: COPY OF THE REPLY LETTER TO EXT.P.5 ISSUED BY THE APPELLATE AUTHORITY (RIGHT TO INFORMATION ACT) TO THE PETITIONER DTD. 19/11/2009. EXT.P.8: COPY OF THE VERIFICATION REPORT DTD. 04/08/2009 ISSUED BY MOTOR VEHICLE INSPECTOR, ADKASTHALA, PERLA TO THE R.1. EXT.P.9: COPY OF THE VERIFICATION REPORT ISSUED FROM MOTOR VEHICLES CHECK POST, VELANTHAVALAM TO THE 1ST RESPONDENT'S OFFICE. EXT.P.10: COPY OF THE VERIFICATION REPORT DTD. 10/12/2009 ISSUED BY M.C. MOHANAN NAMBIAR, JOINT REGIONAL TRANSPORT OFFICE, KAYAMKULAM TO THE R.1. EXT.P.11: COPY OF THE COMPLAINT DTD. 06/03/2010 SUBMITTED BY PETITIONER BEFORE THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) Nos. 18884 & 19012 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th day of July, 2011. J U D G M E N T The petitioners are owners of vehicles, which were conducting service in the inter-state sector between Bangalore and Kannur. The tax for the quarter 1.1.2008 to 31.3.2008 was paid. But, subsequently, since the vehicles became unfit and unviable for operation, they stopped the service with effect from 31.1.2008. Therefore, they sought refund of the excess tax paid for the period subsequent to 31.1.2008. The petitioners' grievance is that no orders are being passed in respect of the said applications. 2. The learned Government Pleader, on instructions, submits that all the RTOs and Joint RTOs have been addressed to ascertain whether within the jurisdiction of any of them, the petitioners have operated vehicles after 31.1.2008 and the information has not yet reached by the 2nd respondent. Having heard both sides, I dispose of these writ petitions with a direction to the 2nd respondent to consider and pass orders on the applications for refund of tax filed by the petitioners as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The petitioners shall also be given an opportunity of being heard. Sd/- S. Siri Jagan, Judge. Tds/