Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940
WP(C).No. 13008 of 2018
PETITIONER(S)
MERCY JOHNY
AGED 52, W/O JOHNY,
KUNNUMPURATH HOUSE, PALA PO,
KOTTAYAM, PIN- 686575,
NOW RESIDING AT 3A, 1ST FLOOR,
NEERODUM STREET, OPPOSITE GOVERNMENT MIDDLE SCHOOL,
MUDALIARPET, PUDUCHERRY, PIN- 605004.
BY ADVS.SRI.JOSEPH GEORGE
SRI.JIBU P THOMAS
RESPONDENT(S)
1. THE JOINT REGIONAL TRANSPORT OFFICER
PALA, PIN- 686575.
2. THE DEPUTY TRANSPORT COMMISSIONER,
CENTRAL ZONE II, KAKKANADU PO, ERNAKULAM- PIN- 682030.
3. STATE OF KERALA,
REPRESENTED BY SECRETARY, DEPARTMENT OF TRANSPORT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001.
BY SPL.GOVERNMENT PLEADER SRI. P.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13008 of 2018 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE
OF CAR BEARING REGISTRATION NUMBER PY-01-CL-372.
EXHIBIT P2 TRUE PHOTOCOPY OF THE LEASE AGREEMENT
ENTERED INTO BETWEEN THE PETITIONER AND THE
OWNER OF THE HOUSE AT PUDUCHERRY.
EXHIBIT P3 TRUE PHOTOCOPY OF THE PROVISIONAL
REGISTRATION ISSUED BY THE GOVERNMENT OF
TAMILNADU.
EXHIBIT P4 TRUE PHOTOCOPY OF GST REGISTRATION IN THE NAME
OF THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 14-12-2017 ISSUED
BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF OBJECTION DATED 10-01-2018 AND
SUBMITTED ON 12-01-2018 BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF LETTER NO:R/2669/2017/KP DATED
20-01-2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF CORONARY ANGIOGRAM REPORT
DATED 20-02-2018 ISSUED FROM RAJAGIRI HOSPITAL
ALUVA.
EXHIBIT P9 TRUE COPY OF LETTER NO: ML14842/TD/R1/2015 DTD
15-12-15 OF ASST. REGISTERING AUTHORITY
PUDUCHERRY WITH ENDORSEMENT NO.C1/12064/15/K
DATED 21-12-2015 OF JT. R.T.O KOTTAYAM.
EXHIBIT P10 TRUE COPY OF NOTICE NO.35/PY 05/2018 DATED
05-03-2018 OF THE 1ST RESPONDENT.
EXHIBIT P11 TRUE COPY OF APPEAL NUMBER 85/2018 PENDING
BEFORE THE 2ND RESPONDENT.
EXHIBIT P11(a) TRUE COPY OF STAY PETITION IN APPEAL NUMBER
85/2018 PENDING BEFORE THE 2ND RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE ORDER NUMBER C-197/CZ-II/2018
DATED 15.03.2018 OF THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS
NIL
/TRUE COPY/
VPS PS TO JUDGE
P.B.SURESH KUMAR, J.
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W.P.(C) No.13008 of 2018
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Dated this the 11th day of April, 2018
JUDGMENT Aggrieved by Ext.P7 demand notice, the petitioner preferred Ext.P11 appeal before the second respondent under Section 23 of the Kerala Motor Vehicles Taxation Act, 1976. Ext.P11(a) is the application preferred by the petitioner for stay in Ext.P11 appeal. The grievance of the petitioner concerns the delay on the part of the second respondent in taking a decision on Ext.P11 appeal. It is stated by the petitioner that in the meanwhile, steps are being taken by the first respondent to enforce Ext.P7 notice. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.
WPC 13008/18 2. Heard the learned counsel for the petitioner as also the learned Government Pleader.
3.Having regard to the facts and circumstances, especially the fact that Ext.P11 is a statutory appeal, I deem it appropriate to dispose of the writ petition with a direction to the second respondent to take a decision on Ext.P11 appeal within one month from the date of receipt of a copy of the judgment. Ordered accordingly. The petitioner shall appear for hearing before the second respondent on 02.05.2018. Needless to say that until orders are passed as directed above, further proceedings for realisation of the amounts covered by Ext.P7 notice shall be deferred. P.B.SURESH KUMAR, JUDGE vps 12/4 // PS to Judge
