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. 12877 of 2018
PETITIONER:
BIJU V.THOTTAM,
S/O.T.U. KUNJACHAN, AGED 47 YEARS,
MANAGING PARTNER, THOTTATHIL FASHION JEWELLERY,
MUNICIPAL SHOPPING COMPLEX,
ROOM NO. 6, KACHERITHAZHAM,
MUVATTUPUZHA, RESIDING AT THOTTATHIL HOUSE,
MARKET PO, MUVATTUPUZHA 686673.
BY ADV.SRI.SAJEEV KUMAR K.GOPAL
RESPONDENT(S):
1. THE TRANSPORT COMMISSIONER,
OFFICE OF THE TRANSPORT COMMISSIONER,
TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM 695014
2. THE DEPUTY TRANSPORT COMMISSIONER
CENTRAL ZONE 2, KAKKANAD, ERNAKULAM 682030
3. THE REGIONAL TRANSPORT OFFICER
MUVATTUPUZHA 686661
BY SPECIAL GOVERNMENT PLEADER SRI. P.SANTHOSH PETER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11-04-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 12877 of 2018 (H)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED 04.07.2016
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION
UNDER THE CST ACT VIDE NO. CST. 34570023672DT.
14.07.2016
EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.
19172 ISSUED BY THE ASSISTANT INSPECTOR OF
LABOUR PUTHUSSERY DATED 08.07.2016
EXHIBIT P4 TRUE COPY OF THE RENEWED REGISTRATION
CERTIFICATE ISSUED BY THE OFFICE OF THE LABOUR
OFFICER (ENFORCEMENT) PUTHUSSERY
EXHIBIT P5 TRUE COPY OF THE REGISTRATION UNDER THE VALUE
ADDED TAX ACT
EXHIBIT P6 TRUE COPY OF THE REGISTRATION CERTIFICATE
UNDER THE GST ACT
EXHIBIT P7 TRUE COPY OF THE TEMPORARY CERTIFICATE OF
REGISTRATION OF THE VEHICLE OF THE REVISION PETITIONER
EXHIBIT P8 TRUE COPY OF THE SALE CERTIFICATE
EXHIBIT P9 TRUE COPY OF THE REGISTRATION CERTIFICATE
EXHIBIT P10 TRUE COPY OF THE NOTICE R1/7023/17/EM DATED 08.11.2017
EXHIBIT P11 TRUE COPY OF THE REPLY SUBMITTED TO EXHIBIT P10
EXHIBIT P12 TRUE COPY OF THE DEMAND NOTICE VIDE NO.
R1/752/2018/EM DATED 27.01.2018
EXHIBIT P13 TRUE COPY OF THE ORDER NO. C-1193/2018/CZ-2 DATED
03.04.2018
EXHIBIT P14 TRUE COPY OF THE REVISION PETITION FILED BEFORE
THE 1ST RESPONDENT UNDER SECTION 24 OF THE
KERALA MOTOR VEHICLE TAXATION ACT
RESPONDENT'S EXHIBIT
NIL
/TRUE COPY/
PS TO JUDGE
PBS
12/4/2018
P.B. SURESH KUMAR, J.
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W.P.(C) No.12877 of 2018
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Dated this the 11th day of April, 2018
JUDGMENT Challenging Ext.P13 appellate order issued under Section 23 of the Kerala Motor Vehicles Taxation Act, 1976 [for brevity, the Act], the petitioner preferred Ext.P14 revision before the first respondent under Section 24 of the Act. The grievance of the petitioner concerns the delay on the part of the first respondent in disposing of Ext.P14 revision. It is alleged by the petitioner that pending disposal of the revision, steps are being taken by the respondents to seize and detain the vehicle for enforcing the order impugned in Ext.P14 revision. The petitioner, therefore, seeks appropriate directions in this regard.
2.Heard the learned counsel for the petitioner as also the learned Government Pleader appearing for the respondents.
3.Having regard to the facts and circumstances of the case, especially the fact that Ext.P14 is a statutory revision, this Court deem it appropriate to dispose of this writ petition directing
W.P.(C) No.12877 of 2018 2 the first respondent to take a decision on Ext.P14, after affording an opportunity of hearing to the petitioner, within one month from the date of receipt of a copy of this judgment. Ordered accordingly. The petitioner shall appear before the first respondent for hearing on 02.05.2018. Needless to say that until orders are passed as directed, further action shall not be taken pursuant to the order impugned in Ext.P14 revision. P.B. SURESH KUMAR, JUDGE //// P.A. To Judge sp/04/11/18