STATE OF KERALA Vs. UPA LOK AYUKTA

JUDGEMENT

(1.) The State of Kerala and the Regional Transport Officer, Kollam, have come up with this writ petition challenging an order of the Kerala Lok Ayukta, purely on technical grounds. The 2nd respondent is the owner of a stage carriage bearing registration No. KL - 12/2007. He paid motor vehicle tax in respect of the vehicle upto 31/03/2003 For the period from 01/05/2003 to 30/06/2003, he submitted form G declaration to the effect that the vehicle was not used on the roads during the said period. He originally paid tax for that period also and claimed exemption and refund. Since the refund was not sanctioned, the 2nd respondent filed complaint No. 330/2004 before the Kerala Lok Ayukta and, by Ext. P1 order, the Lok Ayukta allowed the complaint and directed the petitioners herein to refund the tax paid by the 2nd respondent for the period from 01/05/2003 to 30/06/2003. That order is under challenge.

(2.) The contention raised by the State is that the Lok Ayukta did not have jurisdiction to entertain the complaint at all, insofar as they have no powers to enquire into validity of action under the Kerala Motor Vehicle Taxation Act and no maladministration was proved.

(3.) I have considered the contentions of both parties.