IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1434 of 2008(U) ------------------------- PETITIONER: ------------ D.P.GODSON, S/O.DENNIS N.K., VARUKUNNU BUNGLOW, AVANAKUZHI, NELLIMOODU P.O., NEYYATTINKARA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ------------- 1. STATE TRANSPORT OFFICER, THIRUVANANTHAPURAM. 2. JOINT REGIONAL TRANSPORT OFFICER, NEYYATTINKARA. 3. THE TAHSILDAR, REVENUE RECOVERY, NEYYATTINKARA. 4. R.SURESH KUMAR, S/O.RAVEENDRAN NAIR, SEKHARAVILASOM PUTHEN VEEDU, MARIAPURAM, CHENKAL VILLAGE, PARASSALA. R1 TO 3 BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 1434 of 2008 ------------------------------------- Dated: January 11, 2008 JUDGMENT Petitioner submits that a mini bus belonging to the petitioner was transferred by him in 1995. Despite the transfer as above, it is contended that motor vehicle tax has been demanded from him for the period 1996 to 2001. Aggrieved by the demand so made, petitioner has filed Ext.P9 appeal, which is stated to be pending before the 1st respondent. While the appeal is pending as above, Ext.P6 notice has been issued under the Revenue Recovery Act proposing to recover the amount that is due and it is on this background that the writ petition has been filed. 2. Although it is true that the petitioner has raised a dispute regarding the liability and that the same is pending consideration of the appellate authority, in view of the fact that there is no order restraining recovery of the amount that is due, the authorities cannot be faulted for the coercive action that they have taken. In view of this I am not prepared to accept that Ext.P6 revenue WP(C) 1434/2008 Page numbers recovery proceedings is illegal for any reason. However, having regard to the fact that the appeal is pending, I direct that the 1st respondent shall take up the same and consider it as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. In the meantime, further proceedings pursuant to Ext.P6 notice shall be deferred on condition that the petitioner remits one-third of the amount that is due within ten days from today. ANTONY DOMINIC, JUDGE mt/-