IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 15TH MAY 2009 / 25TH VAISAKHA 1931 WP(C).No. 13734 of 2009(J) -------------------------- PETITIONER: --------------- M.K.RADHA, KOLATHUR PARAMBA, WESTHILL, KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: --------------- 1. THE REGIONAL TRANSPORT OFFICER, KOZHIKODE. 2. THE DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, KOZHIKODE. BY GOVT. PLEADER SHRI. K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J ------------------------------------------------------------ W.P(C) NO: 13734 OF 2009-J ----------------------------------------------------------- Dated this the 15th May, 2009. JUDGMENT Petitioner is the owner of Stage Carriage bearing registration No: KRM 3506 for which permit was issued on the route Puthiyangadi-Mankavu till 24.9.2007. Since the vehicle was more than 15 years old, due to a statutory bar, the petitioner substituted the vehicle with another vehicle bearing registration No: KL 11/R 3245. However, application for replacement of the vehicle has not been granted by the authorities and the new vehicle is being operated on the basis of temporary permits. Meanwhile, demands have been issued for payment of tax for the period from 1.4.2004 to 30.9.2007 in respect of the old vehicle. The said proceedings are under challenge in an appeal pending before the second respondent, evidenced herein by Ext.P3. The petitioner has also filed Ext.P4 stay petition for stay of recovery of the tax demanded. No orders have been passed on the stay petition also. 2. I have heard counsel for the petitioner and the Govt. Pleader appearing for the respondents. 3. The writ petition itself can be disposed of directing the second respondent to consider and pass orders on Ext.P3 appeal WPC 13734/2009 2 and Ext.P4 stay petition within a period of one month from the date of receipt of a copy of this judgment. Until orders are passed on the stay petition, all further proceedings for recovery of the tax demanded as per Ext.P1 shall be kept in abeyance. K. SURENDRA MOHAN Judge jj WPC 13734/2009 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: