. The court held that since an appeal with a stay petition was pending before the appellate authority, recovery action could remain in abeyance. The appellate authority was directed to decide the stay petition within one month.
Recovery action kept in abeyance; 2nd respondent directed to decide stay petition within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 5TH DAY OF JULY 2016/14TH ASHADHA, 1938
WP(C).No. 22563 of 2016 (U)
PETITIONER :
ANIL KUMAR, S/O KUNJU KRISHNAN, KAITHA VEEDU, VANCHIYOOR, ALAMCODE P.O, ATTINGAL.
BY ADV. SRI.O.D.SIVADAS
RESPONDENT(S):
1. THE REGIONAL TRANSPORT OFFICER, ATTINGAL -695 101
2. THE DEPUTY TRANSPORT COMMISSIONER, SOUTH ZONE, TRANS TOWER, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 001
BY GOVERNMENT PLEADER SMT. LILLY.K.T.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 22563 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 COPY OF THE DEMAND NOTICE DT. 4/6/2016 ISSUED BY THE 1ST RESPONDENT
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
A.M.SHAFFIQUE, J.
W.P.(C).No.22563 of 2016
-----------------------------------
Dated this the 5th day of July, 2016
J U D G M E N T
Petitioner has filed Ext.P2 appeal before the 2nd respondent and along with the appeal, petitioner has also filed Ext.P3 application for stay. It is submitted that during the pendency of the appeal, steps are being taken by the respondent authorities for recovering the amount in terms of Ext.P1.
Accordingly, this writ petition is disposed of as under:
(i) The 2nd respondent shall consider the stay petition filed along with the appeal within a period of one month from the date of receipt of a copy of the judgment.
(ii) In the meantime, the demand made in terms of Ext.P1 shall be kept in abeyance.
Sd/-
A.M.SHAFFIQUE, JUDGE
AV.
2 issues framed by the court
Whether recovery action should be stayed while an appeal remains pending before the appellate authority.
Whether the respondent appellate authority is directed to consider the stay petition within a specified timeframe.
ANIL KUMAR
THE REGIONAL TRANSPORT OFFICER, ATTINGAL
THE DEPUTY TRANSPORT COMMISSIONER, SOUTH ZONE
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
