IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 24465 of 2009(C) -------------------------- PETITIONER: --------------- R.VIJAYAKUMARI, W/O.PRABHAKARAN, K.V.NIVAS, HOUSE.NO.4, ASH NAGAR, MUTTATHARA, VALLAKKADAVU.P.O., THIRUVANANTHAPURAM. BY ADV. MR. G.HARIHARAN MR. PRAVEEN. H. RESPONDENTS: --------------- 1. DEPUTY TAHSILDAR (RR) THIRUVANANTHAPURAM. 2. VILLAGE OFFICER, MUTTATHARA VILLAGE THIRUVANANTHAPURAM. 3. REGIONAL TRANSPORT OFFICER, THIRUVANANTHAPURAM. 4. DEPUTY TRANSPORT COMMISSIONER SOUTH ZONE, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER MR. P.K. BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 24465 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 25th day of August, 2009 JUDGMENT The sequence of events reveals that, the petitioner had approached this Court by filing WP (C) No. 12383 of 2008, seeking to direct the 3rd respondent herein to finalize the proceedings with regard to the liability to pay the tax under Kerala Motor Vehicles Taxation Act, which led to Ext.P1 judgment, giving appropriate directions and also making it clear that the orders shall be passed only after giving an opportunity of hearing to the petitioner. However, the concerned respondent passed Ext.P2 order, without giving any such opportunity of hearing to the petitioner, but for simply referring to Ext.P1, which in turn has been subjected to challenge by filing Ext.P3 appeal before the 4th respondent. 2. The grievance of the petitioner is that, it is without any regard to the pendency of the said appeal that the respondents are proceeding with the coercive steps for realizing the amount allegedly due from the petitioner, which is under challenge in the present Writ Petition. 3. Heard the learned Senior Government Pleader appearing on behalf of the respondent as well. 4. After hearing both the sides, the Writ Petition is disposed of, directing the 4th respondent to consider and pass appropriate orders on WP (C) No. 24465 of 2009 : 2 : Ext.P3 memorandum of appeal in accordance with law, of course after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. It is made clear that, till such appropriate orders are passed on Ext.P3 appeal, all further coercive steps, stated as being pursued against the petitioner, pursuant to Exts. P4 and P5, shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd