High Court of KeralaWP(C)/32176/2015disposed of

N.C.Thomas v. Deputy Transport Commissioner, Ernakulam

2015-10-21Honourable 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 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 WP(C).No. 32176 of 2015 (V) ---------------------------- PETITIONER(S):

-------------------------- N.C. THOMAS, NARIMATTOM, PALLICKATHODE P.O., 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, KOTTAYAM-686 002.

3. THE DEPUTY TAHSILDAR (RR), KOTTAYAM-686 002.

BY GOVT. PLEADER SMT.LILLY K.T.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 32176 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE PROCEEDINGS DATED 10/03/2015.

EXT.P2 COPY OF THE PERMIT ISSUED ON 13/03/2015.

EXT.P3 COPY OF THE DEMAND NOTICE DATED 23/06/2015.

EXT.P4 COPY OF THE APPEAL MEMORANDUM WITH STAY PETITION AND CHALAN.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 32176 of 2015 ===================================================== Dated this the 21st day of October, 2015

JUDGMENT

Against Ext.P3 demand notice issued under the Kerala Motor Vehicle Tax Act, the petitioner preferred Ext.P4 appeal and stay petition before the 1st respondent. The grievance of the petitioner is that even before considering the appeal and stay petition, the respondents are taking steps to recover the amounts confirmed against the petitioner by Ext.P3 demand notice. 2.

I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P4 appeal, preferred by the petitioner before him, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. Coercive steps for recovery of amounts confirmed against the petitioner by Ext.P3 demand notice shall be kept in abeyance till such time as the 1st

-2W.P.(C). No. 32176 of 2015 respondent passes orders, as directed, and communicates the same to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /21.10.15