High Court Kerala High Court

C.Sharafudheen vs Deputy Transport Commissioner on 7 October, 2008

Kerala High Court
C.Sharafudheen vs Deputy Transport Commissioner on 7 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29240 of 2008(E)


1. C.SHARAFUDHEEN, S/O.BEERAN KUTTY,
                      ...  Petitioner

                        Vs



1. DEPUTY TRANSPORT COMMISSIONER,
                       ...       Respondent

2. DEPUTY TAHASILDAR (R.R.), TIRUR.

                For Petitioner  :SRI.M.A.FAYAZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :07/10/2008

 O R D E R
                        K. M. JOSEPH, J.
                 --------------------------------------
                  W.P.C. NO. 29240 OF 2008 E
                  --------------------------------------
                Dated this the 7th October, 2008

                            JUDGMENT

Petitioner is a stage carriage operator. According to

petitioner, the vehicle was garaged under Form G and the

Certificate of Fitness expired on 5.6.2002. Petitioner had

approached this Court earlier and this Court directed the RTO to

consider the matter. Later on, apparently the RTO has decided

the matter against the petitioner. There was an earlier case

which ended in the Judgment in W.P.(C).No.33589/05.

According to petitioner, the matter is not concluded and anyway,

he has preferred another Appeal, produced as Ext.P8 and also

Ext.P9 stay petition. According to him, the matter was being

prosecuted before this Court and the Judgment in W.P.(C).

No.33589/05 was pronounced on 28.7.2008. Without

expressing any view either on the merits of the matter or even on

the maintainability of the Appeal, the Writ Petition is disposed

of directing the first respondent to look into Ext.P8 and take a

WPC.29240/08E 2

decision as to firstly whether the Appeal is maintainable under

law and if it is found to be maintainable, a decision will be taken

in accordance with law with notice to the parties. The Appellate

Authority will take a decision regarding the maintainability of

the Appeal within a period of three weeks from the date of

receipt of a copy of this Judgment. Till such time as a decision is

taken, recovery proceedings against the petitioner will be kept in

abeyance.

Sd/=
K. M. JOSEPH, JUDGE

kbk.

// True Copy //

PS to Judge