IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17585 of 2009(P)
1. T.S.SWAMINATHAN, THERAYANKODE
... Petitioner
Vs
1. THE TRANSPORT COMMISSIONER,
... Respondent
For Petitioner :SRI.I.DINESH MENON
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :24/06/2009
O R D E R
P.R.RAMACHANDRA MENON, J.
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WP(C) NO. 17585 OF 2009
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Dated this the 24th day of June, 2009
JUDGMENT
With regard to the fixation of liability under the Motor Vehicles
Taxation Act, the statutory appeals preferred by the petitioner were
directed to be considered Ext.P5 judgment passed by this Court; pursuant
to which, the appellate authority arrived at a finding that the petitioner was
very much liable to satisfy the demand. Met with the circumstances, the
petitioner preferred Ext.P6 and P7 revision petitions in respect of the two
different vehicles KL 9 T 5712 and KL 9 U 1282 before the respondent
along with Ext.P8 and P9 petitions for stay and the said proceedings are
still pending.
2. The case of the petitioner is that, it is without any regard to the
pendency of the above proceedings that the respondent has caused the
machinery under the Kerala Revenue Recovery Act to be moved against
the petitioner, which hence is sought to be interfered by this Court in the
present Writ Petition.
3. Heard the learned Government Pleader as well.
WPC NO. 17585/2009 2
4. Considering the facts and circumstances, the Writ Petition is
disposed of, directing the respondent to consider and finalise the revision
petitions as well as petitions for stay in accordance with law, as
expeditiously as possible. However, it is made clear that, till such orders
are passed on Ext.P8 and P9 petitions for stay, all coercive steps stated as
being pursued against the petitioner shall be kept in abeyance.
The Writ Petition is disposed of accordingly.
(P.R.RAMACHANDRA MENON, JUDGE)
dnc