Disposed

Gilbert K O v. the Regional Transport Officer

Kerala HC22 Dec 2020WP(C)/28741/2020

Case brief

AI extract

What is this about?

In a writ petition regarding differential motor vehicle tax, the High Court allowed the petitioner to discharge the liability in six equal monthly installments commencing 6.1.2021, keeping recovery proceedings in abeyance. Default would result in loss of this benefit.

What did the court decide?

Proceedings for recovery kept in abeyance upon discharge of liability in six equal monthly installments commencing 6.1.2021.

Gilbert K O Vs the Regional Transport Officer — Kerala HC (2020) — 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.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942

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WP(C).No.28741 OF 2020(P)

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PETITIONER/S:

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GILBERT K O AGED 54 YEARS S/O.OUSEPH, KARUTHY HOUSE, PORATHISSERY, IRINGALAKUDA P.O., TRISSUR DISTRICT-680 125.

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BY ADV. SMT.K.V.RASHMI

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RESPONDENT/S:

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1 THE REGIONAL TRANSPORT OFFICER CIVIL STATION, AYYANTHOLE P.O., TRISSUR-680 003.

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2 THE JOINT ROAD TRANSPORT OFFICER, IRINGALAKUDA, MINI CIVIL STATION, IRINJALAKUDA, THRISSUR-680 121.

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OTHER PRESENT:

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GP DR.THUSHARA JAMES

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28741 OF 2020(P)

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JUDGMENT

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The petitioner who is faced with Ext.P3 demand notice for differential Motor Vehicle Tax dues, seeks only the grant of installments to discharge the liability.

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2.I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the bar and also taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:

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(i) if the petitioner discharges the liability in Ext.P3 demand notice in six equal and successive monthly installments commencing from 6.1.2021, then further proceedings for recovery shall be kept in abeyance.

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(ii) It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against him from the stage at which they presently stand.

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(iii) It is further made clear that inasmuch as it is in

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WP(C).No.28741 OF 2020(P)

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exceptional cases that this Court would grant the reliefs aforementioned, no further petition for

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modification/extension of time will be entertained.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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JUDGE

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WP(C).No.28741 OF 2020(P)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING NO.KL 45 K 4489. EXHIBIT P2 A TRUE COPY OF THE NATIONAL PERMIT FOR GOODS CARRIAGE DATED 22.04.2014 ISSUED BY THE ROAD TRANSPORT AUTHORITY. EXHIBIT P3 A TRUE COPY OF THE VEHICLE TAX CALCULATOR STATEMENT ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.05.2020. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 28.10.2020.

Gilbert K O v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Gilbert K O v. the Regional Transport Officer

Case brief

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What did the court decide?

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