High Court of KeralaWP(C)/27188/2015disposed of

Baby Antos v. Deputy Transport Commissioner

2015-09-09Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 27188 of 2015 (W) ---------------------------- PETITIONER :

---------------------- BABY ANTOS, PARAYIL HOUSE, EDAMARUKU P.O., PALA, KOTTAYAM.

BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

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

1. THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE II, ERNAKULAM-682 021.

2. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM, PIN- 682 030.

BY GOVERNMENT PLEADER SRI.LIJU V. STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 27188 of 2015 (W) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE DEMAND NOTICE DATED 22.8.2015. EXHIBTI P2:

TRUE COPY OF THE APPEAL MEMORANDUM WITH STAY PETITION RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.27188 of 2015 ............................................................. Dated this the 9th day of September, 2015 J U D G M E N T Against Ext.P1 demand notice issued for recovery of motor vehicle tax from the petitioner, the petitioner has preferred Ext.P2 appeal and stay petition before the 1st respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are sought to be pursued for recovery of the amounts confirmed by Ext.P1 demand notice.

2. I have heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions:

i. The 1st respondent shall consider and pass orders on Ext.P2 appeal within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner.

ii. Coercive steps pursuant to Ext.P1 demand notice shall be kept in abeyance till orders are

W.P.(C).No.27188 of 2015 passed by the 1st respondent as directed above and communicated to the petitioner.

A.K.JAYASANKARAN NAMBIAR JUDGE mns