IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 14310 of 2011(K) ----------------------------------------- PETITIONER(S): ------------------------ V.P.NINISH, MANDILICHIKANDI HOUSE, AKKAL P.O., KAVILUMPARA, VADAKARA. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------------------- 1. THE DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, KOZHIKODE-673 020. 2. THE REGIONAL TRANSPORT OFFICER, VADAKARA, PIN-673 101. R1 & R2 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 14310 of 2011 --------------------------------- Dated this the 27th day of May, 2011 JUDGMENT Aggrieved by Ext.P1 demand for payment of motor vehicle tax, due with respect to vehicle owned by the petitioner bearing No.KL-58/A 3335 for the period from 1.10.2010 to 31.3.2011 , the petitioner had preferred statutory appeal as provided under section 23 of the Kerala Motor Vehicle Taxation Act before the 1st respondent. Ext.P2 is the appeal filed in this regard. Ext.P3 stay petition was also filed along with the appeal. Grievance of the petitioner is that, without considering pendency of the appeal before the 1st respondent, coercive steps are now being threatened for recovering the amounts covered under Ext.P1. Hence the petitioner seeks interference of this court to restrain the recovery steps. 2. Considering the pendency of the matter before the 1st respondent, I am of the view that the writ petition can be disposed of directing an early consideration of the matter by the said authority. WP(C) .14310/2011 2 3. If the petitioner had filed Ext.P2 appeal and P3 stay petition before the 1st respondent and if the same is in order and registered before the said authority, the 1st respondent shall consider and dispose of either the stay petition or the appeal itself, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. 4. Till such time orders are issued by the 1st respondent as directed above, recovery of the amounts covered under Ext.P3 shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 1st respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .14310/2011 3