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High Court of KeralaWP(C)/27928/2015disposed of

Unnikrishnan v. Deputy Trasport Commissioner

2015-09-16Honourable 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 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 WP(C).NO. 27928 OF 2015 (M) ----------------------------------------- PETITIONER:

------------------- UNNIKRISHNAN, S/O.LAKSHIMIKUTTY AMMA, NEDUNGATH HOUSE, MUDAPPALLUR P.O., PALAKKAD.

BY ADV. SRI.I.DINESH MENON RESPONDENT:

--------------------- 1.

THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE II, THRISSUR-680 002.

2.

THE REGIONAL TRANSPORT OFFICER, THRISSUR-680 002.

BY GOVERNMENT PLEADER SMT.LILLY.K.T.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS

WP(C).NO. 27928 OF 2015 (M) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:

COPY OF THE DEMAND NOTICE DATED 23.07.2015.

EXT.P2:

COPY OF THE APPEAL MEMORANDUM WITH STAY PETITION AND CHALAN.

RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE AS

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.27928 OF 2015 ----------------------------------- Dated this the 16th day of September, 2015

J U D G M E N T

Against Ext.P1 demand notice issued under the Kerala Motor Vehicles Taxation Act, the petitioner has preferred Ext.P2 appeal with stay petition before the 1st respondent. The grievance of the petitioner is that even before considering the stay petition, the respondents are taking steps to recover the amounts confirmed against the petitioner by Ext.P1 demand notice.

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

1. 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.

W.P.(C).NO.27928 OF 2015 2.Recovery steps for recovery of amounts confirmed against petitioner by Ext.P1 demand notice shall be kept in abeyance till orders are passed by the 1st respondent as directed above and communicated to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE rsr