IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 20344 of 2011(P) ---------------------------------------- PETITIONER(S): ------------------------ U.NAZAR, ASMA MANZIL, PERUMKULAM ATTINGAL, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): -------------------------- 1. THE REGIONAL TRANSPORT OFFICER ATTINGAL.PIN- 695 101. 2. THE DEPUTY TRANSPORT COMMISSIONER THIRUVANANTHAPURAM.PIN-695 001 *ADDL.R3 IMPLEADED *R3: THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM.PIN-695 001. *R3 IMPLEADED AS PER ORDER DATED 11/08/2011 IN IA.NO.13199/2011 BY SR GOVERNMENT PLEADER SRI.JAMES MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20344/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RELEVANT PORTION OF THE R.C.BOOK OF STAGE CARRIAGE NO.KL.16/C 5923. P2 COPY OF THE PERMIT ISSUED IN RESPECT OF KL 16/C 5923. P3 COPY OF THE SALE CERTIFICATE DATED 23/01/2010 ISSUED BY THE 2ND RESPONDENT. P4 COPY OF THE LETTER ISSUED BY THE BANK DATED 6/2/2010. P5 COPY OF THE PROCEEDING DATED 18/11/2010 ISSUED BY THE 1ST RESPONDENT. P6 COPY OF THE PROCEEDING DATED 29/06/2011 ISSUED BY THE 2ND RESPONDENT. P7 COPY OF THE REVISION PETITION AND STAY PETITION DATED 23/07/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.20344 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2011 J U D G M E N T For certain periods during which the petitioner's stage carriage bearing No.KL 16/C 5923 was not operated on the roads, the Bank which financed the vehicle filed 'G' Forms seeking exemption from payment of motor vehicles tax, under Section 5 of the Kerala Motor Vehicles Taxation Act, 1976. That claim was rejected on the ground that the bank is not a person in possession or control of the vehicle. The petitioner's appeal was rejected by Ext.P6 order of the 2nd respondent. The petitioner now submits that, the petitioner has now filed a revision before the additional 3rd respondent along with a petition for stay of recovery of the tax due for the said period. The petitioner now seeks a direction to the 3rd respondent to consider and pass orders on the stay petition accompanying Ext.P7 revision filed by the petitioner. W.P.(C)No.20344 of 2011 -2- Having heard the learned Government Pleader also, I dispose of this writ petition with the following directions: The additional 3rd respondent shall consider and pass orders on the stay petition accompanying Ext.P7, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. It would also be open to the additional 3rd respondent to dispose of the revision itself. However until the stay petition or the appeal is disposed of, which ever is earlier, the coercive recovery of the disputed tax shall be kept in abeyance. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/