Disposed

Fayas Muhammed Kassim v. the Regional Transport Officer

Kerala HC4 Sept 2023WP(C)/1430/2023

Case brief

AI extract

What is this about?

Writ petition filed to compel realization of motor vehicle tax arrears and detention of vehicle seized by financier. Court held petitioner liable for tax during possession before seizure and disposed of petition with liberty to respondent to realize arrears from petitioner for that period only.

What did the court decide?

Petitioner liable to pay tax from 01.01.2021 to 06.05.2022; respondent given liberty to realise outstanding tax from petitioner for this period.

Fayas Muhammed Kassim Vs the Regional… — Pension and Retirement Benefits | Kerala HC (2023)

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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 DINESH KUMAR SINGH

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MONDAY, THE 4TH DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945
WP(C) NO. 1430 OF 2023

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PETITIONER:

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FAYAS MUHAMMED KASSIM
AGED 33 YEARS
S/O. MUHAMMED KASSIM, VELLEPERAMBIL, VRINDAVAN ROAD,
CHACKARAPARAMBU, THAMMANAM P.O., ERNAKULAM DISTRICT,
PIN – 682 032.

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BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
GENTLE C.D.

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RESPONDENTS:

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1THE REGIONAL TRANSPORT OFFICER
SUB REGIONAL TRANSPORT OFFICE, KAKKANAD,
ERNAKULAM DISTRICT, PIN – 682 030.

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2 THE REGIONAL TRANSPORT OFFICER

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REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAIRALI NAGAR,
WAYANAD AT KALPETTA, WAYANAD DISTRICT, PIN – 673 122.

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3 M/S. HDB FINANCIAL SERVICES LIMITED,

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2ND FLOOR, KALLUMKAL BUILDING, COLONY STOP, VAZHAKKALA,
KAKKANAD, ERNAKULAM DISTRICT – 682 021,
[REPRESENTED BY ITS LEGAL MANGER ANURAJ G.R.]

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OTHER PRESENT:

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RESHMITA RAMACHANDRN -GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1430 OF 2023

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DINESH KUMAR SINGH, J.

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-------------------------------------------- WP(C) NO. 1430 OF 2023

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--------------------------------------------

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Dated this the 04^th day of September, 2023

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J U D G M E N T

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The Writ Petition is filed under the Article 226 of the

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Constitution of India, seeking the following prayers.

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i. Issue a writ of mandamus or any other appropriate writ, order or commanding the 1^st respondent to take steps for realisation of Motor Vehicle Tax arrears on the vehicle mentioned in Exhibit P1 viz. vehicle bearing Registration No.KL-07CP-3750 from the 3^rd respondent following the dictum laid down in the matter of NPR Finance Ltd. Vs. State of Kerala reported in 2002 (1) KLT 591 and also taking note of the provisions of Section 9 of the Motor Vehicle Taxation Act.

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ii. Issue a writ of mandamus or any other appropriate writ, order or commanding the 1^st respondent to detain the vehicle mentioned in Exhibit P1 for realisation of tax arrears due on the said vehicle from the 3^rd respondent.

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WP(C) NO. 1430 OF 2023

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iii. Petitioner may be permitted to dispense with the filing of translation of the vernacular documents.

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And

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iv. To pass such orders or reliefs as this Hon’ble Court deems fit in the interest of Justice.

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The petitioner had got finance for the vehicle bearing Registration No.KL-07CP-3750. It appears that the petitioner did not pay the installments of the loan amount of the vehicle, which was financed by the 3^rd respondent. The financier - the 3^rd respondent seized the vehicle of the petitioner on 06^th May 2022. As per the Counter Affidavit filed on behalf of the respondent authorities, the petitioner had remitted tax only up to 31.12.2020. The petitioner had not paid the tax on the vehicle from 01.01.2021 to 06.05.2022 and during this period, the vehicle was in possession of the petitioner. As per the said position of the law, the petitioner is liable to pay the tax for the period from 01.01.2021 to 06.05.2022. From 07.05.2022 onwards it would be the liability of the 3^rd respondent to make payment of the tax on the vehicle. Thus this present Writ Petition is disposed of with liberty to the respondent authorities to realise the outstanding tax amount from 01.01.2021 to 06.05.2022 in respect of

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WP(C) NO. 1430 OF 2023

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the said vehicle from the petitioner.

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With the aforesaid directions, the Writ Petition is

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disposed of.

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Sd/-

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DINESH KUMAR SINGH

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JUDGE

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rpr

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WP(C) NO. 1430 OF 2023

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APPENDIX OF WP(C) 1430/2023

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PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE REGISTRATION CERTIFICATE OF
BUS NO.KL-07CP-3750
Exhibit P2TRUE COPY OF THE EXPARTE AWARD DATED 15.11.2021
ISSUED BY THE SOLE ARBITRATOR VIZ.
SRI.SIVATHANU AUTHORISING SEIZURE OF THE
VEHICLE MENTIONED IN EXHIBIT.P1
Exhibit P3TRUE COPY OF THE NOTICE DATED 06.05.2022 ISSUED
IN CONNECTION WITH CMA (ARB.) 8/2022 ON THE
FILES OF HON'BLE SUB COURT, ERNAKULAM
Exhibit P4TRUE COPY OF THE ORDER DATED 23.11.2022 MADE IN
CMA.(ARB).NO.8/2022 BY THE COMMERCIAL COURT
(PRINCIPAL SUB COURT), ERNAKULAM
Exhibit P5TRUE COPY OF THE REQUEST DATED 08.06.2022 FILED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P6TRUE COPY OF THE POSTAL ACKNOWLEDGMENT DATED
10.06.2022 SIGNED BY THE 1ST RESPONDENT
EVIDENCING RECEIPT OF EXHIBIT.P5
Exhibit P7TRUE COPY OF THE RC STATUS OF BUS NO.KL-07CP-
3750 AS ON 12.01.2023

Fayas Muhammed Kassim v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Fayas Muhammed Kassim v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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