IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 8335 of 2004(P) -------------------------------------- PETITIONER(S): ------------------------ N.H. KAJA HUSSAIN, S/O.N.A.HYDER, RESIDING AT NECHIYIL HOUSE, MEPPARAMBA, PALAKKAD- 678 006. BY ADV. SRI.V.CHITAMBARESH, SRI.T.C.SURESH MENON, SMT.M.R.VALSA, SRI.SREEKANTH.K.R, SMT.G.GEETHISHA. RESPONDENT(S): --------------------------- 1. THE DEPUTY TRANSPORT COMMISSIONER, THRISSUR. 2. THE REGIONAL TRANSPORT OFFICER, PALAKKAD. 3. THE TAHSILDAR (R.R.), PALAKKAD. R1 TO R3 BY GOVT. PLEADER MR.K.P. PRADEEP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 8335 OF 2004 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th day of September, 2010 JUDGMENT The petitioner, who is the owner of the stage carriage bearing No. KL-10 567, is stated as aggrieved of the steps taken by concerned respondents, seeking to realize the arrears of tax in respect of the said vehicle under the Kerala Motor Vehicles Taxation Act for the relevant period, notwithstanding the submission of G Forms by the petitioner. Ext.P3 order passed in the above regard was subjected to challenge by filing Ext. P4 appeal along with Ext. P5 petition for stay. Since coercive steps were pursued, as borne by Ext. P6 notice issued under the Kerala Revenue Recovery Act, without any regard to the pendency of the above proceeding, the petitioner was constrained to approach this Court by filing the above Writ Petition. 2. When the matter came up for consideration on 10.3.2004, it was admitted, also granting interim stay, on condition that, the petitioner satisfied a sum of Rs.1 lakh on or before 31.3.2004, also giving appropriate direction to have Ext. P4 considered by the appellate authority, making it clear that the interim stay granted by this Court will continue for a period of 3 months or till the disposal of Ext. P4 appeal, whichever was earlier. W.P. (C) No. 8335 of 2004 2 3. The learned Government Pleader appearing for the respondents submits that, it has been subsequently informed that, the appeal was not pending even on the date of the above interim order, as the same had already been considered and rejected, which in turn was communicated to the petitioner as well. The learned Government Pleader further submits that, being aggrieved of the orders passed in the appeal, the petitioner preferred a revision petition before the Transport Commissioner, Trivandrum by way of R.P. 11 of /2004 and as such the prayer raised in the Writ Petition has become infructuous. 4. In the said circumstance, no further interference is warranted in this Writ Petition. The same is closed accordingly, however without prejudice to the rights and liberties of the petitioner to pursue the matter, if any such proceeding is pending. P. R. RAMACHANDRA MENON, JUDGE kmd