IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 14203 of 2011(A) ---------------------------------- PETITIONER(S): ------------------- SMT.BABY VINODINI, W/O.CHANDRASEKHARAN MOOKATH HOUSE, P.O.THRIKKADERI, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): -------------------- 1. THE DEPUTY TRANSPORT COMMISSIONER CENTRAL ZONE II, THRISSUR-680 001. 2. THE REGIONAL TRANSPORT OFFICER/ TAXATION OFFICER, PALAKKAD-678 001. BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 14203 of 2011 --------------------------------- Dated this the 26th day of May, 2011 JUDGMENT Against Ext.P3 demand notice issued requesting payment of arrears of motor vehicle tax, with respect to the vehicle bearing registration No.KL-9/K-2930, the petitioner had preferred statutory appeal under section 23 of the Motor Vehicle Taxation Act before the 1st respondent, as per Ext.P4. Ext.P5 is the stay petition filed along with the appeal. Grievance of the petitioner is that, without considering pendency of the appeal, coercive steps of recovery has now been threatened. 2. Since it is stated that the matter is now pending before the appellate authority, I am of the view that the writ petition can be disposed of directing the said authority to have an early consideration of the matter. If Ext.P4 appeal and Ext.P5 application for stay had already filed before the 1st respondent and if the same is in order and registered before that authority, the 1st respondent shall consider and pass orders either on Ext.P4 appeal or on Ext.P5 application for stay, after affording an WP(C) 14203/2011 2 opportunity of hearing to the petitioner at the earliest possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. 3. Till such time orders are issued as directed above, recovery of amounts covered under Ext.P3 shall be kept in abeyance. 4. The petitioner will produce a copy of this judgment before the 1st respondent. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) 14203/2011 3