IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 28157 of 2006(B) -------------------------- PETITIONER(S): --------------- D.SATHYANESN, S/O.DEVADASAN, AGED 46 YEARS, RESIDING AT SATHYA BHAVAN, URIAKODE P.O., VELLANADA, PERUMKULAM VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. THE JOINT REGIONAL TRANSPORT OFFICER, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, NEDUMANGAD. 3. THE DEPUTY THAHASILDAR, REVENUE RECOVERY, NEDUMANGAD. 4. THE VILLAGE OFFICER, PERUMKULAM, NEDUMANGAD TALUK. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTIFICATION NO. SRO 878/1975 EXT.P2 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 2ND RESPONDENT DATED 28.5.2000 EXT.P3 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 2ND RESPONDENT DATED 31.7.2000 EXT.P4 TRUE COPY OF THE ;ACKNOWLEDGEMENT IN RESPECT OF G FORM SUBMITTED FOR THE PERIOD 1.1.2004 TO 31.12.2004 IN RESPECT OF THE VEHICLE KEE 2189 DATED 8.1.2004 EXT.P5 TRUE COPY OF THE NOTICE REGARDING G FORM FILED ON 8.1.2004 ISSUED BY 2ND RESPONDENT ON 7.4.2006 EXT.P6 TRUE COPY OF THE ORDER NO. C3/62/04/DD ISSUED BY THE 2ND RESPONDENT DATED 1;5.9.2004 EXT.P6(a) TRUE COPY OF THE MEMO ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 22.9.2004 EXT.P7 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN RESPECT OF G FORM DATED 12.5.2006 EXT.P8 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 19.5.2006 EXT.P9 TRUE COPY OF THE DEMAND NOTICE UNDER FORM NO.1 AND 10 ISSUED BY THE 4TH RESPONDENT DATED 21.8.2006 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 28157 OF 2006 -------------------------------------------- Dated this the 8th day of August, 2008 JUDGMENT This is the third Writ Petition filed by the petitioner claiming exemption from payment of motor vehicle tax for a goods vehicle. I heard counsel appearing for the petitioner and Government Pleader and have gone through the counter statement filed by the respondents. It is seen that vehicle is in arrears of tax from 1.6.1996 onwards. petitioner appears to have claimed exemption some time in 2000, which was rejected by the RTO pursuant to direction issued by this Court in one Writ Petition. Even though appeal filed against the same is rejected, petitioner has not chosen to challenge the order in appeal in revision before the statutory authority or before this Court. Therefore claim for exemption stands finally decided against the petitioner. So far as petitioner's claim for exemption for the current year 2004 is concerned, RTO has reported that on enquiry petitioner's claim was found to be bogus. If G form was filed then orders would have been passed by the RTO in terms of the statement and petitioner can collect the order and 2 file appeal. Even for dismantling of vehicle said to have been done in 2006, petitioner does not appear to have given any intimation or got the RC cancelled by the RTO. However, there will be direction to the RTO to pass orders on whatever be the pending application filed by the petitioner. In the circumstances, W.P. is devoid of any merit and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 3