IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 23616 of 2002(J) --------------------------------- PETITIONER: ------------------- M. DINESHAN, S/O. KUNHAMBU VAYALAVARA IB, PARIKKALAM P.O., ULIKKAL, KANNUR DISTRICT. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENTS: ------------------------ 1. THE TAXATION OFFICER, REGIONAL TRANSPORT OFFICE, KANNUR. 2. THE TAXATION OFFICER, SUB REGIONAL TRANSPORT OFFICE, TALIPARAMBA. BY GOVERNMENT PLEADER SRI.TEK CHAND THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ========================= O.P.No.23616 of 2002-J. ========================= Dated this the 8th day of February, 2008. J U D G M E N T This writ petition is filed challenging the endorsement made in Ext.P3. The petitioner is the owner of stage carriage KL 13/3297. According to him, the vehicle was garaged due to some mechanical defects and he was also not in a position to operate the same due to financial problems. In these circumstances the petitioner wanted to remit the tax treating it as a non transport vehicle with effect from 1.10.2001. When the authorities were not accepting the tax at the rate of non transport vehicle the petitioner approached this Court by filing Original Petition No.18232/2002 whereby as per Ext.P2 judgment this Court directed the respondents to hear the petitioner, look into the records of the vehicle and pass orders demanding the tax for the past period in the light of the observations made in the judgment. Thereafter O.P.No.23616 of 2002-J. 2 Ext.P3 endorsement was made directing payment of the entire tax. Aggrieved by the same this writ petition has been filed. 2. Heard the learned Government Pleader also. 3. The learned Government Pleader submits that the petitioner had not submitted 'G' form during the period for which the vehicle was garaged and therefore Ext.P3 has been passed properly after hearing the petitioner also. Even though a separate order has been passed that has not been produced in this Original Petition also. This Original Petition is pending here for the last seven years and no interim order has been passed herein. Therefore, by efflux of time, the matter has become infructuous. The Original Petition is therefore dismissed. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-