This court disposed of a writ petition seeking relief for pending motor vehicle tax arrears under the One Time Settlement scheme, directing the respondent to consider the petitioner's application.
Direction to the 1st respondent to consider the petitioner's application for OTS and pass a reasoned order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 20TH DAY OF MARCH 2024 / 30TH PHALGUNA, 1945 WP(C) NO. 10499 OF 2024
PETITIONER/S:
SHAN C.S., AGED 33 YEARS, S/O. AISHA, CHUVANNARYMPADAM, CHIRAKKAKAM, VARAPPUZHA, NORTH PARAVOOR, ERNAKULAM DISTRICT, PIN - 683520
BY ADVS.G.HARIHARAN; PRAVEEN.H.; K.S.SMITHA; V.R.SANJEEV KUMAR; V.ROHITH; AFNA V.P.
RESPONDENT/S:
SMT. JASMIN M.M.-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
The present writ petition under Article 226 of the
Constitution of India has been filed with the following prayers:
“(i) Issue a writ of mandamus or any other appropriate writ or order commanding the 1st respondent to grant the benefit of One Time Settlement of tax arrears of vehicle No.KL-38E250 on the strength of Exhibit.P3 and P4 circulars issued by the Transport Commissioner.
(ii) Issue a writ of mandamus or any other appropriate writ or order commanding the 1st respondent to permit the petitioner to pay Motor Vehicle Tax arrears for the Vehicle No. KL-38E-250 mentioned in Exhibit.P1 in 6 monthly instalments along with payment of current quarterly tax for the period commencing on 01.01.2024 if the 1st respondent decides that the petitioner is not eligible for the benefit of Exhibit.P3 and P4 One Time Settlement Schemes issued by the Transport Commissioner.
And
(iii) To pass such other orders or reliefs as this Honourable Court deems fit in the interest of Justice.”
bearing No.KL-38-E-250. The petitioner is in arrears of motor
vehicle tax, which he could not pay for the alleged financial
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constraints. According to the petitioner, he has filed an application for compounding the tax liability in pursuance of the One Time Settlement (OTS) scheme rolled out by the State Government vide Circular No.10/2023 dated 17.04.2023. The petitioner had moved an application as Ext.P5. However, no consideration has been given to the said application till date. The OTS scheme is valid till 31.03.2024.
In view of the aforesaid submission that the petitioner's application is still pending consideration, this writ petition is disposed of with a direction to the 1st respondent to consider Ext.P5 application of the petitioner and pass a reasoned order in accordance with the law, expeditiously under the OTS scheme dated 17.04.2023 which has been rolled out by Circular No.10/2023.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
W.P.(C) No.10499/2024
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APPENDIX OF WP(C) 10499/2024
| PETITIONER EXHIBITS | |
|---|---|
| Exhibit P1 | A TRUE COPY OF THE RC STATUS OF VEHICLE NO. KL- 38E-250 |
| Exhibit P2 | A TRUE COPY OF THE CERTIFICATE DATED 31.01.2024 ISSUED BY M/S CHOLAMANDALAM INVESTMENT & FINANCE CO. LTD |
| Exhibit P3 | A TRUE COPY OF CIRCULAR NO.6/2022 DATED 08.05.2022 ISSUED BY THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION |
| Exhibit P4 | A TRUE COPY OF CIRCULAR NO.10/2023 DATED 17.04.2023 ISSUED BY THE TRANSPORT COMMISSIONER ALONG WITH ENGLISH TRANSLATION |
| Exhibit P5 | A TRUE COPY OF THE APPLICATION FOR OTS DATED 01.03.2024 SUBMITTED BY THE PETITIONER ALONG WITH ENGLISH TRANSLATION |
1 issue framed by the court
Whether to direct the respondent authority to consider the petitioner's application for One Time Settlement of motor vehicle tax arrears under the OTS scheme.
3 provisions across 3 enactments
SHAN C.S.
JOINT REGIONAL TRANSPORT OFFICER
THE TRANSPORT COMMISSIONER
STATE OF KERALA
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
