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.
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W.P.C. NO. 29240 OF 2008 E
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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