IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 34248 of 2009(A) -------------------------- PETITIONER(S): --------------- JOSE GEORGE, MEPPALAKKATTU, KALAYANTHANI P.O., THODUPUZHA. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, IDUKKI. 2. THE DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, ERNAKULAM. 3. M/S.SREERAM FINANCE, CHITTOOR ROAD, KOCHI-11, ERNAKULAM, REPRESENTED BY ITS MANAGER. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.34248 OF 2009 ------------------------------ Dated this the 30th day of November, 2009 J U D G M E N T ---------------------- 1. Petitioner had preferred Ext.P4 appeal before the 2nd respondent under Section 23 of the Kerala Motor Vehicles Taxation Act, against Ext.P3 order rejecting claim for exemption from payment of Motor Vehicles Tax. In Ext.P4 appeal the petitioner had also prayed for interim relief of stay against the demand for tax amounts in dispute, pending disposal of the appeal. According to the petitioner Ext.P4 is pending consideration and disposal before the 2nd respondent. It is stated that without considering pendency of the appeal, steps for recovery have now been pursued, for realisation of the tax amount in dispute. Therefore the petitioner seeks direction for early disposal of the appeal and for keeping in abeyance the recovery steps till then. 2. Having considered facts and circumstances of the case I am of the opinion that the writ petition can be disposed of on issuing necessary directions to the appellate authority. 3. Accordingly the 2nd respondent is directed to consider and pass orders on Ext.P4 appeal or on the interim application W.P.(C).34248/09-A 2 for stay, 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. The respondents are directed not to proceed with further steps of recovery, pursuant to Ext.P3 order, for realising the arrears of tax for the period covered therein, till orders are passed by the 2nd respondent as directed above. C.K.ABDUL REHIM, JUDGE. Okb