John Raphy vs The Regional Transport … on 23 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22475 of 2007(A)


1. JOHN RAPHY, KANJIRATHINGAL HOUSE,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT OFFICER/TAXATION
                       ...       Respondent

2. THE DEPUTY TRANSPORT COMMISSIONER,

3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY,

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :23/07/2007

 O R D E R
                         S.SIRI JAGAN,J
                   ================
                    W.P.(C).No.22475 of 2007
               ======================
                Dated this the 23rd day of July 2007


                           JUDGMENT

The petitioner complains that while the petitioner’s appeal

against demand for Motor Vehicle Tax is pending, the

respondents have initiated revenue recovery proceedings for

recovery of disputed tax. Petitioner submits that such

proceedings while appeal is pending, is unjustified. The learned

Government Pleader submits that since the petitioner was not

able to obtain a stay, there is nothing unjustified in the

respondents initiating revenue recovery proceedings.

2. Having heard both sides, I feel that since the

petitioner has already filed a stay petition along with the appeal,

it is only appropriate that the second respondent disposes of

Ext.P3 stay application expeditiously. Accordingly, the writ

petition is disposed with following directions:-

The second respondent shall consider and pass appropriate

orders on Ext.P3 stay petition expeditiously. Till disposal of the

stay petition, Ext.P4 shall not be proceeded with. The petitioner

W.P.(C).No.22475/2007

2

shall produce a copy of the writ petition as well as the certified

copy of this judgment before second and third respondents for

compliance.

S.SIRI JAGAN, JUDGE
dvs