IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 13366 of 2010(U) -------------------------- PETITIONER(S): --------------- ABDUL SALEEM, NAGERIPARYIL HOUSE, MUKKOM.P.O., KOZHIKKODE. BY ADV. SRI.M.A.FAYAZ RESPONDENT(S): --------------- REGIONAL TRANSPORT OFFICE, KOZHIKKODE. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 13366 OF 2010 -------------------------------------------- Dated this the 4th day of June, 2010 JUDGMENT The grievance of the petitioner is with regard to the demand of tax arrears in respect of the vehicle bearing No. KL 11 C 6300. WP(C) 16468/2009 filed earlier culminated in Ext.P3 judgment, whereby the submission made from the part of the learned Government Pleader was recorded that, if the petitioner submitted a statement of objection in response to Ext.P4 notice, the same would definitely be considered and finalized. It was accordingly, that the petitioner was permitted to file detailed statement of objections and the concerned respondent passed final orders after hearing the petitioner, vide Ext.P3. 2. The learned counsel for the petitioner submits that, pursuant to Ext.P3 judgment, the petitioner preferred Ext.P4 statement of objections dated 17.07.2009 before the respondent. But the matter is stated as not finalized and the petitioner has not been served with a copy of the final order; without which, further coercive steps are being pursued. This is under challenge in this Writ Petition. 3. The learned Government Pleader appearing for the respondent submits that, Ext.P4 statement of objections was never filed by the petitioner and the contentions raised in the Writ Petition to the 2 WP(C) No. 13366/2010 contrary are not correct or sustainable. It is also stated, as given in the statement filed by the respondent, that a notice of hearing was issued to the petitioner; pursuant to which the petitioner appeared on 10.11.2009 and submitted that he had nothing explained with regard to the issue. This was endorsed and necessary instructions were given to the Revenue Authorities to recover the due amount as shown in Ext.P2 memo. The correctness of the contents of the statement is strongly rebutted from the part of the petitioner by filing a reply affidavit. 4. The learned counsel for the petitioner submits that the petitioner had actually submitted Ext.P4 and what he submitted before the authority/respondent on 10.11.2009, on receipt of notice of hearing, was that he had nothing to submit over and above the contentions raised in Ext.P4. In any view of the matter, the learned Government Pleader submits that no speaking order has been passed in the proceedings and the finalization of the proceedings is only as per the 'memo' dated 21.11.2009; a copy of which has been placed for consideration by this Court. The said memo also appears to be rather similar to Ext.P2 and nothing is discernible from there, as to the nature of objections put forth from the part of the petitioner or as to the alleged submission stated as made by the petitioner during the course of hearing. This being the position, this Court finds it difficult to accept the version of the respondent. 3 WP(C) No. 13366/2010 5. In the above circumstance, the respondent is directed to consider Ext.P4 produced along with this Writ Petition as the objection raised from the part of the petitioner and to pass a 'speaking order', as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The submission made by the learned counsel for the petitioner that no opportunity for personal hearing is sought for, is also recorded. The liability of the petitioner to satisfy the due amount and steps for realisation will be subject to such final orders to be passed as above. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE dnc