IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.27109 OF 2020(K)
PETITIONER:
MOHAMMED HASKER K.T.
AGED 45 YEARS
S/O.MUSTHAFA, KUTTIPPURATHODI HOUSE, KARIPPOL P.O., ATHAVANAD
VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 552.
BY ADVS.
SRIP.S.SUJETH
SMT.M.R.REENA
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO THE TRANSPORT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE REGIONAL TRANSPORT OFFICER
TIRUR, MALAPPURAM DISTRICT, PIN - 676 101.
3 THE SUB REGIONAL TRANSPORT OFFICER
TIRUR, MALAPPURAM DISTRICT, KERALA, PIN - 676 101.
4 THE VEHICLE REGISTERING AUTHORITY
TIRUR, MALAPPURAM DISTRICT, KERALA, PIN - 676 101.
*ADDL THE DEPUTY TRANSPORT COMMISSIONER,
R5 CENTRAL ZONE-I, CIVIL STATION, CIVIL LANE ROAD, KALYAN NAGAR,
AYYANTHOLE, THRISSUR-680003.
*(ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED 06/01/2021 IN
IA 1/2020)
OTHER PRESENT:
SMT. THUSHARA JAMES - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27109 OF 2020(K)
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JUDGMENT
Even though various allegations and averments have been made in this writ petition, the primary prayer made by the petitioner is that his statutory appeal, namely Ext.P3 preferred before the 5th respondent - Deputy Transport Commissioner, Thrissur - under the provisions of the Kerala Motor Vehicles Taxation Act, 1976 - be directed to be taken up and disposed of within a time frame and that steps to recovery of the demands made against him be deferred until then.
2. In response to the submissions of Smt.M.R.Reena, learned counsel for the petitioner, the learned Government Pleader, Smt.Thushara James, submitted that there is no legal impediment in Ext.P3 appeal being taken up and disposed of within a time frame; but prayed that this Court may not make any affirmative declarations in favour of the petitioner and leave it to the competent Authority to issue an appropriate order thereon, as per law.
Taking note of the afore submissions, I order this writ petition and direct the 5th respondent to take up Ext.P3 statutory appeal and dispose it of, after affording an opportunity of being WP(C).No.27109 OF 2020(K) 3 heard to the petitioner - either physically or through videoconferencing - culminating in an appropriate order thereon, as expeditiously as is possible but not later than one month from the date of receipt of a copy of this judgment.
Needless to say, until such time as the afore exercise is completed and the resultant order communicated to the petitioner, all further action to enforce the demand against him will stand deferred and proceedings thereon will only be continued thereafter, depending upon the decision to be taken by the 5th respondent.
This writ petition is thus ordered.
SD/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.27109 OF 2020(K)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE SUB
REGIONAL TRANSPORT AUTHORITY DATED 28/04/2019. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION GIVEN TO THE TRANSPORT AUTHORITY DATED 07/05/2019.
EXHIBIT P3 TRUE COPY OF THE STATUTORY APPEAL DATED 02/11/2020, SUBMITTED BEFORE THE APPELLATE AUTHORITY.