Disposed

Leelavathy v. the Transport Commissioner

Kerala HC12 Mar 2021WP(C)/1567/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a transport operator, challenged the blacklisting of a vehicle attributed to her due to alleged unpaid dues. The court, finding the claim baseless but noting potential tax liability, disposed of the petition by directing the petitioner to seek clarification from the transport officer before proceeding further.

What did the court decide?

Petitioner directed to file representation before 2nd respondent for limited enquiry; case referred back to officer.

Leelavathy Vs the Transport Commissioner — Service and Employment | Kerala HC (2021)

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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 SUNIL THOMAS

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FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

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WP(C).No.1567 OF 2021(U)

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PETITIONER:

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LEELAVATHY AGED 39 YEARS W/O. NAVEEN, PROPRIETOR LAKSHMI-SARASWATHI BUS SERVICE, NO-70, BANGALORE ROAD, MULLIPALAYAM, VELLORE, TAMIL NADU-632 008.

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BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H.

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RESPONDENTS:

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1 THE TRANSPORT COMMISSIONER TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

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2 REGIONAL TRANSPORT OFFICER PALAKKAD-678 001.

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3 REGIONAL TRANSPORT OFFICER VELLORE, TAMIL NADU, PIN-632 008.

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4 REGIONAL TRANSPORT OFFICER COIMBATORE CENTRAL, COIMBATORE, TAMIL NADU.

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5 RADHA SWAMINATHAN PROPRIATOR HARIHARASUDHAN TRANSPORT, 215 E, PARSON GANPATH APARTMENTS, SHASTRI ROAD, RAM NAGAR, COIMBATORE, TAMIL NADU DISTRICT-641 009.

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6 ADDL.R6.NATIONAL INFORMATICS CENTRE (SOUGHT TO BE IMPLEADED)

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7 ADDL. R6 NATIONAL INFORMATICS CENTRE, CIVIL STATION,

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THRIKKAKARA,KAKKANAD,KERALA - 682030 REPRESENTED BY ITS AUTHORISED OFFICER.

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WP(C).No.1567 OF 2021(U)

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ADDL.R6 IS IMPLEADED AS PER ORDER DATED 11.02.2021 IN I.A. NO.1/2021 IN W.P.(C) 1567/2021

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R2 BY GOVERNMENT PLEADER

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OTHER PRESENT:

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SR.GP K.P HARISH,CGC SMT.MINI GOPINATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1567 OF 2021(U)

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J U D G M E N T

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Dated this the 12th day of March 2021

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The petitioner herein is a stage carriage operator in respect of a vehicle which was operating in Tamil Nadu on the strength of regular permit. Subsequently, vehicle was purchased by the 5^th respondent in 2017 and he applied for transfer of RC ownership. It was understood that the vehicle was black listed due to the audit objections issued by the Officers regarding non delivery of Rs. 1,44,000/at the Motor Vehicle Check Post, Govindapuram. The contention of the petitioner is that, he has not operated

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the vehicle in State of Kerala and the above claim is absolutely baseless.

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After hearing the learned counsel for the petitioner and learned Senior Government Pleader, who has filed detailed objection it emerges that the claim is made on the basis of tax arrears. Necessarily, it has been incorporated in the Vahan Site and the vehicle is treated to be black listed. Evidently, unless the black listing is

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WP(C).No.1567 OF 2021(U)

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removed, the Motor Vehicle's Authority cannot proceed with the processing of these applications.

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The petitioner has a specific contention that the amount is not only liable to be paid by the petitioner but it is highly excessive also. The petitioner was not aware of any such liability and it was not convened to him by the earlier owner it was contented.

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Having considered these, I am inclined to dispose of the writ petition itself by directing the petitioner to file a proper representation before the 2^nd respondent as expeditiously as possible and on receipt of such an application, the 2^nd respondent shall conduct a limited enquiry with the records at check post and pass appropriate orders with intimation to the petitioner within 3 weeks thereafter. The petitioner will free to move this Court thereafter, if he is still aggrieved.

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The writ petition is closed accordingly.

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(Sd/-) SUNIL THOMAS, JUDGE

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WP(C).No.1567 OF 2021(U)

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APPENDIX OF WP(C) 1567/2021

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE PROCEEDINGS OF THE RTA VELLORE ISSUED ON 14.2.2018.
EXHIBIT	P2 TRUE COPY OF THE DETAILS OF TAX PAYMENT MADE BY THE 5TH RESPONDENT RELATING TO THE VEHICLE IN QUESTION AS ON 31.3.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT	P3 TRUE COPY OF THE PROCEEDINGS OF THE RTA, VELLORE ISSUED ON 23.2.2017 EVIDENCING REPLACEMENT OF VEHICLE NO.TN-23AH-2269 WITH VEHICLE NO.TN-6E- 5665.
EXHIBIT	P4 TRUE COPY OF THE RC STATUS AVAILABLE FROM THE VAHAN SOFTWARE RELATING TO VEHICLE NO.TN-66E-5665.
EXHIBIT	P5 TRUE COPY OF THE CERTIFICATE OF FITNESS ISSUED BY THE 3RD RESPONDENT RELATING TO VEHICLE NO.TN-66E-5665.
EXHIBIT	P6 TRUE COPY OF THE CIRCULAR NO-28/2016 DATED 9.11.2016 ISSUED BY THE TRANSPORT COMMISSIONER.

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// True Copy // PA To Judge

Leelavathy v. the Transport Commissioner

Case brief

What is this about?

What did the court decide?

Leelavathy v. the Transport Commissioner

Case brief

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What did the court decide?

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