Mohammed Hasker K.T vs The State Of Kerala
2021 Latest Caselaw 387 Ker

                    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)

                                   2




                            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)

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)






                                   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.