IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 34040 of 2009(Y) ----------------------------------------- PETITIONER(S): ----------------------- NALINI, W/O. T.N.GIRI, AGED 53 YEARS, THATTIL HOUSE, NATTIKA.P.O. THRISSUR. BY ADVS. MR.SHOBY K.FRANCIS, SMT.K.P.SHAMEENA RESPONDENT(S): --------------------------- 1. REGIONAL TRANSPORT OFFICER (TAXATION OFFICER, MV ACT), OFFICE OF RTO, THRISSUR-3. 2. SUB-INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION, GURUVYOOR-PO, THRISSUR. R1 & R2 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No. 34040 of 2009 -Y ------------------------------ Dated this the 6th day of January, 2010. J U D G M E N T The challenge involved in this Writ Petition is against the coercive steps being taken by the respondents for realization of the tax arrears as per Ext.P4, in respect of the vehicle bearing registration No.KRR 4320. The contention of the petitioner is that huge amounts are due to the petitioner from the respondents by way of refund, in respect of the vehicle bearing No.KER 4611. The petitioner is stated as aggrieved because of the rejection of the application by the first respondent, holding that he does not have the power to set off the amount due to the petitioner in respect of the vehicle bearing registration No.KER-4611 as against his liability to the Government/Department in respect of the other vehicle bearing registration No. KRR-4320. 2. The learned Government Pleader appearing for the respondents submits that, aggrieved by the order passed by the first respondent, the petitioner had taken up the matter before the appellate authority ie. the Deputy Transport Commissioner, who after considering the facts and figures found that there was some W.P(C) No. 34040 of 2009 -Y 2 substance in the contention raised by the petitioner. Accordingly, the impugned order was set aside and the matter was remanded to the first respondent for fresh consideration vide Ext.P3 order dated 4.8.2009. The learned Government Pleader submits that the matter is pending consideration before the first respondent. 3. In the above facts and circumstances, the first respondent is directed to consider the claim put forth by the petitioner pursuant to the order passed by the Deputy Transport Officer, Thrissur as per Ext.P3 and the matter shall be finalised after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within six weeks from the date of receipt of a copy of this judgment. It is also made clear that, till such appropriate orders are passed, no further coercive steps shall be initiated or pursued against the petitioner in respect of the alleged dues. It is further made clear that once the liability is permitted to be set off and the alleged tax liability is endorsed as cleared in respect of vehicle bearing registration No.KRR-4320, the said vehicle now kept in the Guruvayoor Police Station, under the jurisdiction of second respondent, shall be released to the petitioner forthwith. Sd/- P.R.RAMACHANDRA MENON ab JUDGE //True Copy//