IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 10201 of 2011(A) -------------------------- PETITIONER(S): --------------- JAMES GEORGE, AGED 33 YEARS S/O.GEORGE THOMAS, 1/466, VADAKKEKAITHAYEL HOUSE PINDIMANA KARA, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.FAZIL SMT.JAYASREE MANOJ SRI.K.SUNIL RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM – 695 001. 2. JOINT REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE KOTHAMANGALAM, ERNAKULAM DISRICT – 683 005. 3. DEPUTY TRANSPORT COMMISSIONER OFFICE OF THE DEPUTY TRANSPORT COMMISSIONER ZONE 2, VAZHAKKALA, ERNAKULAM PIN 682 021, 4. DEPUTY TAHSILDAR REVENUE RECOVERY, TALUK OFFICE KOTHAMANGALAM, ERNAKULAM DISTRICT – 683 005. 5. THE VILLAGE OFFICER PINDIMANA VILLAGE OFFICER PINDIMANA, KOTHAMANGALAM, ERNAKULAM DISTRICT – 683 006. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.10201 of 2011-A ---------------------------------------- Dated this the 6th day of June, 2011. J U D G M E N T Subject matter involved in this writ petition pertains to dispute regarding liability for payment of motor vehicle tax due with respect to a vehicle owned by the petitioner, bearing registration No.KL7 K-5745. Exts.P5, P8 and P9 are the demands issued for payment of tax due with respect to various periods. It is stated that, challenging such demands, the petitioner had already approached the statutory authority invoking Section 23 of the Kerala Motor Vehicles Taxation Act. Exts.P11 and P13 are the appeals filed in this regard before the 3rd respondent. The petitioner had also filed stay petitions along with the appeal, as evident from Exts.P12 and P15. 2. Learned counsel for the petitioner submitted that the 3rd respondent had already posted the appeals for hearing on 27.5.2011 and the matter was partly heard on that day. It is submitted that the appeals are already posted for further hearing on 15.6.2011. The petitioner is seeking direction to keep in abeyance recovery steps initiated pursuant to Exts.P10 and P10 W.P(C) No.10201 of 2011-A 2 (a), till the disposal of the appeals. 3. Since the matter is in seizin of the statutory appellate authority, I am of the view that any adjudication on merits by this Court is not at all warranted. Ends of justice will be achieved if a direction is issued to the authority to consider and dispose of appeals on an early basis and till then to restrain the recovery steps. 4. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider and pass orders on Exts.P11 and P13 appeals 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. 5. Till such time the appeals are disposed of, the respondents are restrained from realising amounts covered under Exts.P5, P8 and P9 memos. 6. The petitioner will produce a copy of this judgment before the 3rd respondent. C.K.ABDUL REHIM JUDGE ab