IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 16592 of 2011(Y) ------------------------------------ PETITIONER(S): ----------------------- V.P.NINISH, MANDILICHIKANDI HOUSE AKKAL PO, KAVULUMPARA, 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 673 101. BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16592 of 2011(Y) APPENDIX EXHIBIT P1: TRUE COPY OF THE DEMAND NOTICE DATED 19.5.2011. EXHIBIT P2: TRUE COPY OF THE APPEAL MEMORANDUM DATED 30.5.2011. EXHIBIT P3: TRUE COPY OF THE STAY PETITION DATED 30.5.2011. //TRUE COPY// P.S. TO JUDGE MNS C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 16592 of 2011 --------------------------------- Dated this the 21st day of June, 2011 JUDGMENT Aggrieved by Ext.P1 proceedings issued by the 2nd respondent the petitioner had preferred statutory appeal before the 1st respondent, as evidenced from Ext.P2. Ext.P3 is the stay petition filed along with the appeal. Grievance of the petitioner is that, without considering pendency of the appeal, steps for realisation of the amounts covered under Ext.P1 is being pursued. Hence the petitioner seeks direction for an early disposal of the appeal and till then to restrain recovery steps. 2. Since the appellate authority is in seizin of the matter, I am of the view that the writ petition can be disposed of directing the appellate authority to consider the matter on an early basis and to take an appropriate decision. 3. Therefore, the writ petition is disposed of directing the 1st respondent to consider and pass orders, either on Ext.P2 appeal or on Ext.P3 stay petition, if the appeal is already filed before that authority and the same is in order. Order as directed above WP(C) .16592/2011 2 shall be issued 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 the matter is disposed of by the 1st respondent as directed above, recovery of amounts covered under Ext.P1, shall be kept in abeyance. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .16592/2011 3