IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 21ST DAY OF OCTOBER 2014/29TH ASWINA, 1936
OP.NO. 2683 OF 1999 (T)
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PETITIONER(S):
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A.K.FIROZ, BALARAMA,
PULIPARAMBIL HOUSE, KANATTUKARA, TRISSUR
BY ADV. SRI.I.DINESH MENON
RESPONDENT(S):
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1. THE DEPUTY TRANSPORT COMMISSIONER
NORTH ZONE, KOZHIKODE
2. THE REGIONAL TRANSPORT OFFICER KANNUR
BY GOVERNMENT PLEADER SRI.LIJU V.STEPHEN
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON
21-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP.NO. 2683 OF 1999 (T)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF THE APPEAL MEMORANDUM DATED 16.10.1998
EXT.P2: TRUE COPY OF THE ORDER NO.C/2424/98/NZ DATED 28.11.1998
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.2683 OF 1999
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Dated this the 21st day of October, 2014
J U D G M E N T
The petitioner is the registered owner of a stage
carriage vehicle bearing registration No.KL-8/K 1629 and is
aggrieved by Ext.P2 order, passed by the 1st respondent,
dismissing an appeal that was filed by the petitioner against
an order demanding motor vehicle tax for the period from
01.07.1998 to 30.09.1998 at the rate applicable to stage
carriages. The grievance of the petitioner in the writ petition
is that the appeal was rejected by the 1st respondent, without
notice to the petitioner and without hearing him in the
matter.
I have heard the learned Government Pleader
appearing on behalf of the respondents. Insofar as the
averments of the petitioner, that Ext.P2 order was passed
without hearing him, is not controverted through any counter
affidavit filed by the respondents, I feel that Ext.P2 order
cannot be legally sustained. Accordingly, I quash Ext.P2 and
direct the 1st respondent to hear the appeal and pass fresh
orders in the matter, after affording the petitioner an
W.P.(C).NO.2683 OF 1999 2
opportunity of hearing. The 1st respondent shall pass fresh
orders, as directed, within a period of three months from the
date of receipt of a copy of this judgment.
A.K.JAYASANKARAN NAMBIAR
JUDGE
mns
W.P.(C).NO.2683 OF 1999 3