IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 38231 of 2010(D) -------------------------- PETITIONER(S): --------------- ABDUL SALEEM, NANGARIPOYIL HOUSE, MUKKOM P.O., KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, KOZHIKODE-673001. 2. THE DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, KOZHIKODE-673001. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.38231 of 2010-D ---------------------------------------- Dated this the 22nd day of December, 2010. J U D G M E N T Through Ext.P1 proceedings of the 1st respondent, request made by the petitioner for exempting from payment of motor vehicles tax, due with respect to various periods, was rejected. Aggrieved by Ext.P1 the petitioner had preferred statutory appeal as provided under Section 23 of the Kerala Motor Vehicles Taxation Act before the 2nd respondent. Ext.P3 is the stay petition filed along with the appeal seeking stay of recovery of amounts covered under Ext.P1, pending disposal of the appeal. 2. Grievance of the petitioner is that without considering pendency of the statutory appeal, the 1st respondent is taking steps for recovery of the amounts in dispute. Hence the petitioner seeks direction for disposal of the appeal on an early basis and to restrain the recovery steps till finalisation of the appeal. 3. Considering the fact that the statutory appeal is W.P(C) No.38231 of 2010-D 2 pending disposal before the appellate authority, I am of the view that the writ petition can be disposed of directing that authority to pass appropriate orders. 4. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P3 stay petition or on Ext.P2 appeal, 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 copy of this judgment. 5. Till such time orders are issued by the 2nd respondent as directed above, recovery of motor vehicle tax due with respect to various periods, covered under Ext.P1 shall be kept in abeyance. 6. The petitioner will produce a copy of this judgment before the 2nd respondent for proper compliance. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab