Sunny George v. The Regional Transport Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 34870 of 2015 (G) ---------------------------------------- PETITIONER(S):

---------------------- SUNNY GEORGE, AGED 57 YEARS, S/O.VARKEY GEORGE KONDODICKAL HOUSE, UMBIDI P.O., THOTTAKKADU, CHANGANACHERRY.

BY ADV. SRI.S.NIDHEESH RESPONDENT(S):

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

THE REGIONAL TRANSPORT OFFICER, (TAXATION OFFICER), REGIONAL TRANPORT OFFICE, KOTTAYAM - 686 002.

2.

THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE (APPELLATE AUTHORITY), ERNAKULAM - 682 030.

BY GOVERNMENT PLEADER SMT.LILLY K.T.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 34870 of 2015 (G) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE REQUEST/PETITION DTD.7.8.2013 SUBMITTED TO THE RESPONDENT.

EXT.P2: TRUE COPY OF THE ENQUIRY REPORT OF THE MOTOR VEHICLE INSPECTOR.

EXT.P3: TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT. EXT.P4: TRUE COPY OF THE NOTICE OF HEARING ISSUED BY THE RESPONDENT. EXT.P5: TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DTD.29.9.2015.

EXT.P6: TRUE COPY OF THE APPEAL MEMORANDUM DTD.3.11.2015. EXT.P7: TRUE COPY OF THE CHALLAN DTD.6.11.2015. EXT.P8: TRUE COPY OF THE PROCEEDINGS OF THE RTA, KOTTAYAM DTD.6.7.2015. EXT.P9: TRUE COPY OF THE JUDGMENT IN WP(C) 25027/2015 DTD.21.8.2015. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.34870 OF 2015 (G) ----------------------------------- Dated this the 18th day of November, 2015

J U D G M E N T

The limited prayer of the petitioner in the writ petition is for a direction to the 2nd respondent, before whom the petitioner has preferred Ext.P6 appeal, against a demand of motor vehicle tax, to consider and pass orders on the said appeal, expeditiously, after hearing the petitioner.

2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondent. 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 a direction to the 2nd respondent to consider and pass orders on Ext.P6 appeal, after hearing the petitioner, within a period of one month from the date of receipt of a copy of this judgment. Recovery steps for recovery of amounts confirmed against the petitioner shall

W.P.(C).No.34870/2015 be kept in abeyance till such time as orders are passed by the 2nd respondent, as directed and communicated to the petitioner. A.K.JAYASANKARAN NAMBIAR JUDGE prp/18/11/15