Petitioner challenging recovery for Motor Vehicle Tax in respect of sold vehicle ordered detailed representation. Coercive proceedings stayed for two months pending disposal.
Coercive recovery proceedings stayed for two months; petitioner directed to submit detailed representation within three 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 V.CHITAMBARESH
SATURDAY, THE 5TH DAY OF OCTOBER 2013/13TH ASWINA, 1935
WP(C).No. 14569 of 2012 (U)
PETITIONER:
AHAMMED KUTTY, THACHARACKAL HOUSE, ARAMBRAM, PADANILAM P.O. KOZHIKODE.
BY ADV. SRI.K.PRAVEEN KUMAR
RESPONDENTS :
R BY SR.GOVERNMENT PLEADER SMT.ANITHA RAVEENDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14569 of 2012 (U)
APPENDIX
PETITIONER(S) EXHIBITS :
EXHIBIT P1: TRUE COPY OF THE AGREEMENT DATED 17/9/04.
EXHIBIT P2: TRUE COPY OF THE MEMO ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 22/7/2009.
EXHIBIT P3: TRUE COPY OF THE MEMO ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 11/2/11.
EXHIBIT P4: TRUE COPY OF THE LETTER DATD NIL SENT BY THE 2ND RESPONDENT TO SRI.P.K.VIJAYAN, THE REGIONAL TRANSPORT OFFICER, MALAPPURAM.
EXHIBIT P5: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER'S BROTHER BEFORE THE 3RD RESPONDENT DATED 20/12/11.
EXHIBIT P6: TRUE COPY OF THE COMMUNICATION SENT BY THE 3RD RESPONDENT DATED 10/1/12.
EXHIBIT P7: TRUE COPY OF THE DEMAND NOTICE DATED 03/04/12.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A TO JUDGE
AV
V.CHITAMBARESH,J
W.P.(C).No.14569 of 2012
Dated this, the 05th day of October, 2013
JUDGMENT
The petitioner asserts that he had sold the vehicle to the fourth respondent and that the transfer was duly intimated to the departmental authorities. It appears that the fourth respondent has subsequently dismantled the vehicle itself. The petitioner is aggrieved by the revenue recovery proceedings initiated for recovery of the Motor Vehicle Tax.
The writ petition is disposed of.
V.CHITAMBARESH, Judge
AV
1 issue framed by the court
Whether coercive revenue recovery proceedings initiated for Motor Vehicle Tax can be stayed pending representations.
1 provisions across 1 enactments
AHAMMED KUTTY
STATE OF KERALA
TAXATION OFFICER/JOINT REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICER, MALAPPURAM
KOLLACHALIL MUHAMMED
DEPUTY TAHSILDAR (R.R.)
V.CHITUMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
