IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 31029 of 2009(W) --------------------------------------- PETITIONER: ------------------- JOSE GEORGE, MEPPALAKKATTU, KALAYANTHANI P.O, THODUPUZHA. BY ADV. MR.I.DINESH MENON. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT OFFICER, IDUKKI. 2. THE DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, ERNAKULAM. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, THODUPUZHA. 4. M/S.SREERAM FINANCE, ERNAKULAM, REPRESENTED BY ITS MANAGER. R1 TO R3 BY GOVT. PLEADER MR. MATHEW VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K. ABDUL RAHIM, J. ------------------------- WP(C) NO. 31029 OF 2009 ------------------------------- DATED THIS THE 2ND DAY OF NOVEMBER 2009 JUDGMENT ----------- The petitioner is aggrieved by Ext.P3 order issued by the first respondent, rejecting the application for exemption from payment of Motor Vehicle Tax, filed under Section 5 of the Motor Vehicles Taxation Act, in respect of his stage carriage Bus bearing No.KL-2 E 5909 due for the period from 1-7-2007 to 30-9-2007. According to the petitioner he had already filed statutory appeal before the 2nd respondent against Ext.P3 order. Ext.P4 is the appeal, and Ext.P5 is the stay petition filed seeking for stay of recovery of the tax in dispute, pending disposal of the appeal. Grievance of the petitioner is that without taking into consideration of pendency of appeal and stay petition, recovery steps has now been initiated pursuant to Ext.P6 notice issued under the Kerala Revenue Recovery Act. Hence the petitioner is seeking direction for early disposal of appeal by the 2nd respondent and till then to keep in abeyance recovery proceedings. WP(C) NO. 31029 OF 2009 2 2. Having considered facts and circumstances and the pendency of statutory appeal filed against Ext.P3 order, I am of the opinion that the writ petition can be disposed of directing the appellate authority to consider and pass orders on the appeal as well as the stay application. 3. In the result the writ petition is disposed of directing the 2nd respodent to consider and pass orders on Exts.P4 appeal or Ext.P5 stay petition, after affording an opportunity of hearing to the petitioner as early as possible, at any rate within 2 months from the date of receipt of copy of this judgment. The respondents are directed to keep in abeyance further steps of recovery initiated pursuant to Ext.P6 notice till the orders are issued as per the directions given above. C.K.ABDUL RAHIM JUDGE pkk