Disposed

Firoze P.V v. the Regional Transport Officer

Kerala HC3 Jun 2016WP(C)/1823/2016

Case brief

AI extract

What is this about?

This single-paragraph order disposed of a writ petition challenging revenue recovery for unpaid motor vehicle tax. The court found the petition lacked merit due to a significant delay in filing but, at the personal request of the counsel, granted three months to repay the balance amount in three equal monthly instalments.

What did the court decide?

Petitioner granted three months' time to pay the balance amount due under Exts.P6 and P7 in three equal monthly instalments.

Firoze P.V Vs the Regional Transport Officer — Kerala HC (2016) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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FRIDAY, THE 3RD DAY OF JUNE 2016/13TH JYAISHTA, 1938H

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WP(C).No. 1823 of 2016 (C)

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PETITIONER(S):

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FIROZE P.V.,S/O.BASHEER P.V., SHABANA MANZIL, NEAR AYYALATHU SCHOOL, CHIRAKKARA, THALASSERY, KANNUR.

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BY ADV. SRI.K.PRAVEEN KUMAR

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RESPONDENT(S):

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1. THE REGIONAL TRANSPORT OFFICER THALASSERY, KANNUR-670101.

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2. THE JOINT REGIONAL TRANSPORT OFFICER THALASSERY, KANNUR-670101.

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3. THE TAHSILDAR (REVENUE RECOVERY) THALASSERY, KANNUR-670101.

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R1,R2 & R3 BY GOVERNMENT PLEADER SMT. LILLY K.T.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1823 of 2016 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 :	TRUE COPY OF	THE	FORM G INTIMATION.
P2 :	TRUE COPY OF	THE	ACKNOWLEDGMENT ISSUED BY R2.
P3 :	TRUE COPY OF PETITIONER.	THE	APPLICATION SUBMITTED BY THE
P4 :	TRUE COPY OF	THE	MEMO DT.22-2-14.
P5 :	TRUE COPY OF PETITIONER TO	THE R2.	REPRESENTATION SENT BY THE
P6 :	TRUE COPY OF UNDER SEC.7.	THE	REVENUE RECOVERY NOTICE ISSUED
P7 :	TRUE COPY OF UNDER SEC.34.	THE	REVENUE RECOVERY NOTICE ISSUED
RESPOND	ENT(S)' EXHIBITS		: NIL.
			//TRUE COPY//

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P.A.TO JUDGE

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**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.1823 of 2016

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Dated this the 3^rd day of June 2016

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J U D G M E N T

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Petitioner has approached this Court challenging Exts.P6 and P7 by which revenue recovery proceedings had been taken against the petitioner for recovery of an amount of Rs.43,430/with interest and other expenses. The amount was due as on 01/04/2011 with respect to motor vehicle tax.

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Counter affidavit has been filed by the 1^st respondent inter alia stating that there is no legal ground to challenge the demand. Though it is contended by the petitioner that he had submitted G forms for the period from 01/03/2012 to 31/03/2012, in so far as there is no challenge to the orders passed, I do not think that this court will be justified in interfering with the demand made. The concerned authority had already considered various aspects of the matter and had issued a demand in terms of memo dated 12/02/2014 which is not under challenge. That apart, this writ petition is filed only after a considerable long period when Exts.P6 and P7 revenue recovery steps have been taken.

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W.P.C.No.1823/2016

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In the result, this writ petition lacks merit and is liable to be dismissed. However, learned counsel for the petitioner seeks time to remit the amount in instalments. Taking into consideration the aforesaid factual aspects, the writ petition is disposed of as under:

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Petitioner is granted three months' time to pay the balance amount due under Exts.P6 and P7 in three equal monthly instalments starting from 04/07/2016.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

Firoze P.V v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Firoze P.V v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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