IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29240 of 2008(E) ---------------------------------------------- PETITIONER: ------------------ C.SHARAFUDHEEN, S/O.BEERAN KUTTY, CHEENICKAL HOUSE, MUTHUR.P.O, TIRUR. BY ADV. SRI.M.A.FAYAZ RESPONDENTS: ----------------------- 1. DEPUTY TRANSPORT COMMISSIONER, CENTRAL LANE, TRICHUR. 2. DEPUTY TAHASILDAR (R.R.), TIRUR. BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 29240 OF 2008 E -------------------------------------- Dated this the 7th October, 2008 JUDGMENT Petitioner is a stage carriage operator. According to petitioner, the vehicle was garaged under Form G and the Certificate of Fitness expired on 5.6.2002. Petitioner had approached this Court earlier and this Court directed the RTO to consider the matter. Later on, apparently the RTO has decided the matter against the petitioner. There was an earlier case which ended in the Judgment in W.P.(C).No.33589/05. According to petitioner, the matter is not concluded and anyway, he has preferred another Appeal, produced as Ext.P8 and also Ext.P9 stay petition. According to him, the matter was being prosecuted before this Court and the Judgment in W.P.(C). No.33589/05 was pronounced on 28.7.2008. Without expressing any view either on the merits of the matter or even on the maintainability of the Appeal, the Writ Petition is disposed of directing the first respondent to look into Ext.P8 and take a WPC.29240/08E 2 decision as to firstly whether the Appeal is maintainable under law and if it is found to be maintainable, a decision will be taken in accordance with law with notice to the parties. The Appellate Authority will take a decision regarding the maintainability of the Appeal within a period of three weeks from the date of receipt of a copy of this Judgment. Till such time as a decision is taken, recovery proceedings against the petitioner will be kept in abeyance. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge