IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 27730 of 2010(M) -------------------------- PETITIONER(S): --------------- BASHEER E.K., ELPARAMBIL HOUSE, MURICKASSERY P.O.,IDUKKI BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE DEPUTY TRANSPORT COMMISSIONER CENTRAL ZONE,ERNAKULAM-682030 2. THE REGIONAL TRANSPORT OFFICER/TAXATION OFFICER, IDUKKI-685603 3. M.H.SIDHIK, S/O.M.S.HASSAN KUNJU, MARADIKUNNEL HOUSE,THODUPUZHA-685584 BY G.P. SRI. BEJOY CHANDRAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 27730 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of September, 2010 JUDGMENT Against Ext.P2 order issued by 2nd respondent fixing liability for payment of motor vehicles tax with respect to vehicle No.KL-7 R 9529, due for the period from 1-11-2009 to 31-3-2010, the petitioner filed statutory appeal before the 1st respondent, as evidenced from Ext.P3. It is also stated that, along with the appeal the petitioner had filed an application seeking stay of recovery of disputed tax amount, pending disposal of the appeal. 2. According to the petitioner, the 1st respondent has not so far considered either the appeal or the stay petition. Grievance of the petitioner is that coercive steps are now being pursued for realizing amounts covered under Ext.P2, without considering pendency of the appeal. Hence, the petitioner seeks for a direction to dispose the appeal and till then to restrain the respondents from collecting the tax amount in dispute. W.P.(C) No. 27730/2010 2 3. Having considered facts and circumstances, I am of the opinion that the writ petition can be disposed of on issuing direction to the 1st respondent to dispose of the matter on an early basis. 4. Hence, the 1st respondent is directed to consider the petition for stay filed along with Ext.P3 appeal, 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. Till such time orders are passed as directed above, collection of the tax amount in dispute, pertaining to the period from 1-11- 2009 to 31-3-2010 shall be kept in abeyance. 5. It is made clear that the order will not stand in the way of the respondents realizing tax if any due with respect to any other period. C. K. ABDUL REHIM, JUDGE. mn.