IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 23RD NOVEMBER 2007 / 2ND AGRAHAYANA 1929 WP(C).No. 20864 of 2004(H) ------------------------------------- PETITIONER: ----------------- M.K. ABOOBACKER, S/O. KUNJIMARAKKAR, MANATTUKULANGARA P.O., PATTITHARA, THRITALA, PALAKKAD. BY ADV. SRI.V.R.GOPU RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, TRIVANDRUM. 2. REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, THRISSUR. 3. M.H. KRISHNAKUMAR, S/O. HARIHARAN, MULAKKAL HOUSE, PUTHUKKADU P.O., MUKUNDAPURAM. BY GOVERNMENT PLEADER SRI. MUHAMMED PUZHAKARA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 20864/2004 H APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE SALE AGREEMENT DT. 14/07/2001. EXT.P2. COPY OF THE SAID MEMO DT. 18/1/2002. EXT.P3. COPY OF THE SAID REPRESENTATION DT. 28/1/2002. EXT.P4. COPY OF THE MEMO DATED 28/1/2004. EXT.P5. COPY OF THE SAID REPRESENTATION DT. 2/4/04. EXT.P6. COPY OF THE DEMAND NOTICE DT. 18/5/2004. EXT.P7. COPY OF THE REPRESENTATION DT. 16/6/2004. RESPONDENT'S EXHIBITS NIL. True copy tga KURIAN JOSEPH, J. --------------------------------------- W.P.(C) NO. 20864 OF 2004 --------------------------------------- Dated this the 23rd day of November, 2007. J U D G M E N T This writ petition is filed mainly with the following prayers: i) Issue a writ in the nature of mandamus or any other appropriate writs or direction commanding respondents 1 & 2 to realize the tax due as per Ext. P6 demand notice from the 3rd respondent. ii) Issue a direction commanding the 2nd respondent to consider and pass appropriate orders on Exhibit P7 representation in view of Section 9 of the Motor Vehicle Taxations Act. There is already a direction by this Court to seize the vehicle bearing Registration No. KEH 819 and sell the same for recovery. 2. There will be a direction to the second respondent to consider and take appropriate action on Exhibit P7 in the light also of the order referred to above with notice to the parties, within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp