IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 OP.No. 39093 of 2002(D) ------------------------------------ PETITIONER: -------------------- ABDUL RAHMAN P.A. PLAMATTATHIKUDY HOUSE, OKKEL P.O. PERUMBAVOOR, ERNAKULAM (DIST). BY ADV. SRI.C.A.NAVAS RESPONDENTS: ------------------------- 1. JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, PERUMBAVOOR, ERNAKULAM. 2. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY), ALUVA, ERNAKULAM DIST. 3. THE VILLAGE OFFICER, VILLAGE OFFICE, CHELAMATTOM, ERNAKULAM DIST. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF KERALA, TRANSPORT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. N.SUDHA DEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.65743/2002 IN O.P.NO.39093/2002 D DISMISSED 31/03/2008 SD/- T.R.RAMACHANDRAN NAIR,JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P!: COPY OF RELEVANT PAGES OF REGISTRATION CERTIFICATE OF PETITIONER'S VEHICLE. EXT.P2: COPY OF R.R.NOTICE DTD. 19/09/02 ISSUED BY 2ND RESPONDENT. EXT.P3: COPY OF ORDER IN C.M.P.49131/02 IN O.P.28891/02 DTD. 7/10/02 HIGH COURT OF KERALA. /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 39093 of 2002 --------------------------------- Dated, this the 31st day of March, 2008 J U D G M E N T Aggrieved by the revenue recovery proceedings initiated against the petitioner for recovery of an amount of Rs.4,000/- stated to be differential amount payable for allotment of fancy number to his vehicle, the petitioner has filed this writ petition. He is the registered owner of a Maruthi Omni Van bearing registration No.KL-7 AA 4183. The vehicle was purchased on 22/06/2000 under hire purchase agreement and thereafter he applied for registeration of the vehicle. As demanded by the authorities, he paid Rs.1,000/- and, accordingly, the number KL-7 AA 4183 was allotted to the petitioner. Ext.P1 is the copy of the registration certificate, which shows that the same was registered on 26/06/2000. It appears that the authorities demanded a further amount of Rs.4,000/- on the ground that as per S.R.O.538/2000 dated 16/06/2000, the total amount payable for allotment of a fancy number is Rs.5,000/-. 2. Learned counsel for the petitioner brought to my notice, the decision of a learned Single Judge of this Court in O.P.No.28891/2002, wherein the applicability of S.R.O.538/2000 was considered. It was noticed in the judgment, by reference to the O.P.39093/2002 -2- averments in the counter affidavit, that the communication regarding the revision of fee was received in the office only on 30/06/2000. Learned counsel for the petitioner submits that the situation herein is identical. Obviously, when the petitioner sought registration only Rs.1,000/- was collected and after alloting the fancy number the registration was granted. As a matter of fact, if there was communication in the office regarding issuance of S.R.O.538/2000 dated 16/06/2000, there would have been demand for payment of Rs.5,000/- by the registering authority. In view of these circumstances, the steps to recover Rs.4,000/- is not sustainable. Petitioner cannot be said to be a defaulter. Ext.P2 will stand quashed. The writ petition is allowed as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) jg