IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 4121 of 2010(M) ----------------------------------- PETITIONER: ------------------- M.A.SCARIA, MATTAPARAMBIL HOUSE, KURISMOODU, CHANGANACHERRY. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ----------------------- 1. THE REGIONAL TRANSPORT OFFICER, IDUKKI. 2. THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE - II, ERNAKULAM. BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W. P.(C) No. 4121 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2010 JUDGMENT Petitioner is the owner of a stage carriage bearing registration No.KL3/A 1744 and the holder of a regular permit operating on the route Mathamba-Meloram which is valid till 21.08.08. Since the petitioner’s vehicle was more than 15 years old, the same was taken to Tamil Nadu and was garaged there. According to the petitioner, the vehicle has subsequently been dismantled also within the limits of the RTO, Periyakulam in Tamil Nadu. The petitioner had offered another vehicle in the place of his old vehicle and operated his service on the basis of temporary permits issued to him. At present, another stage carriage is conducting services in the vacancy of his old vehicle. The 'G' Forms submitted by the petitioner were rejected. Petitioner therefore sought endorsement of tax at the NTV(Non- Transport Vehicle) rates for the period from 01.01.06 till the date of expiry of the permit. He has also sought exemption from payment of tax from 01.09.09 till the date of expiry of regular WP(C) No. 4121 of 2010 -:2:- permit. The said application was rejected. The petitioner has filed a statutory appeal (Ext.P5) against the same before the 2nd respondent. This Court has directed as per Ext.P4 judgment that coercive steps for recovery of the tax demanded shall be kept in abeyance for a period of six weeks from the date of such judgment so as to facilitate the petitioner to file the appeal. 2. According to the petitioner, his appeal is still pending consideration of the 2nd respondent. However, coercive steps have been initiated against him. Therefore, the petitioner prays for a direction for the early disposal of his appeal and for keeping the coercive steps in abeyance. 3. In view of the limited prayer that is sought for, this writ petition can be disposed of at the admission stage itself. 4. This Writ Petition is accordingly disposed of directing the 2nd respondent to consider Ext.P5 appeal in accordance with law, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. WP(C) No. 4121 of 2010 -:3:- Coercive steps, if any, initiated against the petitioner shall remain stayed till the disposal of the appeal as above. K. SURENDRA MOHAN, JUDGE ttb