IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2077 of 2011(H) ------------------------- PETITIONER(S): --------------- K.REGHUNATHAN.T.C.NO.27/1481, KRISHNA BHAVAN, CONVENT ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): --------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER (TAXATION OFFICER), MOTOR VEHICLES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT OFFICER, MOTOR VEHICLES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.2077 of 2011-H ---------------------------------------- Dated this the 27th day of January, 2011. J U D G M E N T Aggrieved by Ext.P1 proceedings of the 1st respondent, rejecting the 'G' Form intimation submitted, with respect to the period from 1.1.2010 to 31.3.2010, the petitioner had preferred statutory appeal before the Deputy Transport Commissioner, South Zone, Thiruvananthapuram. Along with the appeal, the petitioner had filed an application seeking direction to accept motor vehicle tax due for the period from 1.11.2010 and to adjust the tax already remitted in respect of the previous periods. 2. Contention of the petitioner is that the vehicle in question, which is a contract carriage bearing No.KL-01/N 2979, was not operating for quite a long period due to non- renewal of the permit, since the financier of the vehicle had refused to give no objection. It is submitted that various disputes were pending on the issue, before the Civil Court and in Arbitration. It is also mentioned that the issue came up before this Court in a writ petition W.P(C) No.5449 of 2010, in which this Court directed to permit remittance of tax due for the period from 1.1.2010 to W.P(C) No.2077 of 2011-H 2 30.6.2010, subject to finalisation of the dispute between the petitioner and the financier through appropriate proceedings. 3. According to the petitioner tax amount due upto 30.9.2010 has already been paid. It is further submitted that, with respect to the period from 1.10.2010 onwards, the petitioner had submitted necessary intimations of non-use, in Form 'G'. It is the grievance of the petitioner that the 1st respondent is not taking a decision on the basis of such Form 'G' intimations submitted. Resultantly, the petitioner is prevented from putting the vehicle to use, is the contention. The petitioner is also aggrieved by non disposal of Ext.P2 appeal which is pending before the Deputy Transport Commissioner. 4. From the facts and circumstances as contended above, I am of the view that interest of justice will be served if the Deputy Transport Commissioner is directed to dispose of the appeal on an early basis and if the 1st respondent is directed to take a decision regarding acceptance of 'G' Form declarations which was alleged to have been submitted for the period from 1.10.2010 onwards. 5. Therefore, the writ petition is disposed of directing W.P(C) No.2077 of 2011-H 3 the Deputy Transport Commissioner, South Zone, Thiruvananthapuram to consider and dispose of Ext.P2 appeal, if it is otherwise in order, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. 6. The 1st respondent is directed to consider and pass orders on Form 'G' intimations if any pending, with respect to the period from 1.10.2010 onwards, or with respect to any previous periods, within a period of two weeks from the date of receipt of a copy of this judgment, after affording an opportunity of personal hearing to the petitioner. 7. Needless to say that the tax due for the current quarter onwards shall be accepted, subject to decision of the 1st respondent as directed above. C.K.ABDUL REHIM JUDGE ab