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Judgment
Mr. Justice P.R. Ramachandra Menon
APPENDIX
PETITIONER''S EXHIBITS:
EXHIBIT P1:
True Copy of The Letter Forwarded by R2 To The R1 DATED 20-04-2012.
EXHIBIT P2:
True Copy of The Report of The Field Officer Dated 20-04-2012.
EXHIBIT P3:
True Copy of The Memo Issued by R1 Dated 09-11-2011.
EXHIBIT P4:
True Copy of The Application Submitted by The Petitioner Seeking Clearance Certificate In Respect of The Vehicle KL-05/L 8176 Dated 19-04-2012.
EXHIBIT P5:
True Copy of The Letter Issued by R1 Dated 23-04-2012.
EXHIBIT P6:
True Copy of The Order of This HonourableCourt in WPC 10371/2012 Dated 27-04-2012.
RESPONDENTS'' EXHIBITS:
NIL
The petitioner has approached this Court with the following prayers :
i) to call for the records leading to the case and quash Ext.P5 by the issuance of a writ or certiorari or any other appropriate writ, direction or order;
ii) to declare that the petitioner is not liable to pay tax as directed in Ext.P3 as well as Ext.P5 for the period from 31/10/2009 which the vehicle is admittedly not in use and garaged as evident from Ext.P2 service verification report;
iii) to issue an interim order directing the 1st respondent to issue clearance certificate in respect of stage carriage KL-05/L 8176 as sought for by the petitioner for the purpose of transfer of vehicle to the purchaser, pending disposal of the writ petition (Civil);
iv) to issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case.
When the matter came up for consideration before this Court on 02/05/2012, the following interim order was passed :
Admit.
The learned Government Pleader takes notice on behalf of the respondents. There will be an interim direction to the respondents to issue the clearance certificate to the petitioner forthwith, subject to the condition that the petitioners produce necessary proof regarding the clearance of entire tax arrears and also submit the necessary check reports.
Post after vacation.
Subsequently, it was brought to the notice of this Court on 31/05/2012 by the learned counsel for the petitioner that, the entire tax due was remitted in compliance with the interim order passed by this Court, when it was made clear that, the satisfaction of the tax shall be subject to the result of the writ petition. Today, when the matter came up for further consideration, the learned Government Pleader submits that, ''Clearance Certificate'' has already been issued to the petitioner, as directed. As such, this Court finds that the issue has to be finalised by way of appropriate adjudication proceedings by the first respondent, so as to take the proceedings to a logical conclusion.
In the said circumstances, the writ petition is disposed of directing the first respondent to adjudicate and pass final orders with regard to the dispute involved herein, after affording an opportunity of hearing to the petitioner, as expeditiously as possible and at any rate within ''six weeks'' from the date of receipt of a copy of this judgment.