The Kerala High Court stayed revenue recovery proceedings against the petitioner for motor vehicles tax non-payment pending the disposal of his pending appeal, directing the payee to respond within one month.
Respondent 3 to dispose of the pending appeal within one month; demand under Exts. P4 and P5 stayed if 25% paid in two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 24TH DAY OF DECEMBER 2012/3RD POUSHA 1934
WP(C).No. 31189 of 2012 (W)
PETITIONER(S):
VEEPEEYES ASSOCIATES, CHETTIKULANGARA, MAVELIKARA, ALAPPUZHA, REPRESENTED BY ITS PROPRIETOR.
BY ADVS.SRI.R.PREMSANKAR
SRI.SUDHEER GANESH KUMAR.R.
SRI.B.PREMOD
RESPONDENT(S):
1. THE REGIONAL TRANSPORT OFFICER, MAVELIKARA, ALAPPUZHA, PIN – 690 101.
2. THE JOINT REGIONAL TRANSPORT OFFICER, MAVELIKARA, ALAPPUZHA, PIN – 690 101.
3. THE DEPUTY COMMISSIONER OF TRANSPORT SOUTH ZONE, THIRUVANANTHAPURAM, PIN – 695 023.
4. THE DEPUTY TAHSILDAR (RR), MAVELIKARA, ALAPPUZHA, PIN – 690 101.
BY GOVERNMENT PLEADER SRI. GOPAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-12-12, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31189 of 2012 (W)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
ds
A.M.SHAFFIQUE, J.
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Dated this the 24th day of December, 2012
J U D G M E N T
This writ petition is filed challenging the demand made by the Motor Vehicles Department for the non payment of the Motor Vehicles Tax. It is the case of the petitioner that he had already submitted G-Form in time. It is without referring to the said G-Form, the demand had been made. Ext.P4 is the order passed by the RTA against which Ext.P6 appeal is filed before the Deputy Commissioner of Transport, South Zone, Thiruvananthapuram which is still pending.
circumstances involved in the matter, I am of the view that
W.P(C)No.31189/2012
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the writ petition can be disposed of, directing the 3rd respondent to dispose of Ext.P6 appeal within a period of one month from the date of receipt of a copy of this judgment.
Until such time the demand as made as per Exts. P4 and P5 shall be kept in abeyance on condition that the petitioner pays 25% of the demand within a period of two weeks from today.
Writ petition is disposed of accordingly.
Sd/A.M.SHAFFIQUE, JUDGE.
ds
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether revenue recovery proceedings should be stayed pending the appeal against the demand notice for motor vehicles tax.
1 provisions across 1 enactments
Veepeeyes Associates
The Regional Transport Officer
The Joint Regional Transport Officer
The Deputy Commissioner of Transport South Zone
The Deputy Tahsildar (RR)
A. M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
