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High Court of KeralaWP(C)/36458/2015disposed of

Sanad Kumar v. The Transport Commissioner

2015-12-02Honourable 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 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 WP(C).No. 36458 of 2015 (F) ---------------------------- PETITIONER:

----------------------- SANAD KUMAR, S/O.SIVASANKARAN NAIR, PAYYANATT HOUSE, KIZHAYUR, PATTAMBI, PALAKKAD.

BY ADV. SRI.I.DINESH MENON RESPONDENTS:

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1. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM-695 001.

2. THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE-I, THRISSUR-680 001.

3. THE REGIONAL TRANSPORT OFFICER, PALAKKAD-678 001.

BY GOVERNMENT PLEADER SMT. LILLY.K.T.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 36458 of 2015 (F) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE COPY OF THE DEMAND NOTICE DATED 26.3.2015 P2 TRUE COPY OF THE APPEAL MEMORANDUM DATED 23.4.2015 ALONG WITH STAY PETITION AND CHALLAN.

P3 TRUE COPY OF THE JUDGMENT IN WP(C).NO.23740 OF 2013 DATED 30.9.2013 P4 TRUE COPY OF THE JUDGMENT IN WP(C).NO.13611 OF 2015 P5 TRUE COPY OF THE ORDER NO.C.823/2015/CZ-1 DATED 10.8.2015 ISSUED BY THE SECOND RESPONDENT P6 TRUE COPY OF THE MEMORANDUM OF REVISION AND THE STAY PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 36458 of 2015 ===================================================== Dated this the 2nd day of December, 2015

JUDGMENT

Against Ext.P5 first appellate order under the Kerala Motor Vehicle Taxation Act, the petitioner preferred Ext.P6 revision petition and stay petition before the 1st respondent. It is the case of the petitioner that, even before considering the stay petition, the respondents are taking steps to recover the amounts confirmed against the petitioner by Ext.P5 order.

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 as also 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.P6 revision petition preferred by the petitioner before him, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P5 appellate order, shall be kept abeyance, till such time as

-2W.P.(C). No. 36458 of 2015 orders are passed by the 1st respondent as directed and communicated to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /2.12.15