IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 33844 of 2008(D) ---------------------------------------------- PETITIONER(S): ---------------------- K.ABDUL KHADER THALICHALAM HOUSE,T.K.MANZIL, ELAMBACHI PO, TRIKARPUR. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENT(S): ------------------------- 1. REGIONAL TRANSPORT OFFICER, KASARGOD. 2. JOINT REGIONAL TRANSPORT OFFICER KANHANGAD. 3. TAHSILDAR, REVENUE RECOVERY, HOSDURG. 4. THE DEPUTY TRANSPORT COMMISSIONER NORTH ZONE, KOZHIKODE. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 33844 OF 2008 D -------------------------------------- Dated this the 28th November, 2008 JUDGMENT Prayer in the Writ Petition is to call for Ext.P5 sale notice and to quash the same. A direction is sought to consider Ext.P4 Appeal and Ext.P4(a) stay petition. A declaration also is sought that the sale notice is illegal. Briefly put, the case of the petitioner is as follows: Petitioner is the owner of a vehicle operated as a contract carriage. It was operated for some time. G Form was submitted. Thereafter, petitioner received Ext.P2 demand. He preferred a Writ Petition. Ext.P3 is the Judgment of this Court relied on. Therein, this Court had granted time to file Appeal. It is thereafter that, according to petitioner, he has preferred Ext.P4 Appeal dated 1.8.2008. 2. The order is dated 15.1.2008. Anyway, the learned Government Pleader would submit on instructions that the petitioner did not file Ext.P4 Appeal. In the light of this, there WPC. 33844/08 D 2 cannot be any direction to consider an Appeal which was not filed. In this view of the matter, there is no merit in the Writ Petition and it is liable to be dismissed. However, I feel that the petitioner can be given some time to pay off the amount. Accordingly, while rejecting the prayers of the petitioner, it is ordered that the recovery proceedings against the petitioner will be kept in abeyance for two months from today. This is to enable the petitioner to clear the dues as per law. Subject to the above, the Writ Petition is dismissed. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge