IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WA.No. 1668 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13859/2010 .................... APPELLANT(S): PETITIONER ------------------------ K.HAMZA,THAIPADATH HOUSE,OLAVANNA, KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): RESPONDENT ------------------------- 1. THE REGIONAL TRANSPORT OFFICER, KOZHIKODE . 2. MUHAMMED,P.M,S/O.PUTHUKUDY USSAIN, VILERIYITHODIKAYIL,KANNIPARAMBA AMSOM DESOM, MAVOOR,KOZHIKODE. 3. SHEREED.C.K,S/O.MUHAMMED,CHALIKUZHI, NAIRKUZHI DESOM,PULAKKOD VILLAGE,PAZOOR PO, KOZHIKODE. 4. SULAIMAN,S/O.MOIDEENKUTTY, PARAMBATTUMMAL HOUSE,MEPPADY AMSOM, NAIRKUZHI DESOM, KOZHIKODE. R1 BY G.P. SRI. MOHAMMED RAFEEQ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W. A. No. 1668 of 2010 -------------------------------------------- Dated this the 13th day of October, 2010 JUDGMENT Ramachandran Nair, J. We find no merit in the Writ Appeal because appellant is the registered owner liable to pay motor vehicle tax, no matter tax could be recovered from those in possession and control of the vehicle. If vehicle is available and value of such vehicle is sufficient to cover the tax liability, then certainly vehicle should be seized and sold. If appellant gives particulars of the place where the vehicle is garaged, then on production of this judgment, and such particulars by the appellant to the Station House Officer of the police station within whose jurisdiction, the vehicle is found available, the vehicle should be seized by the Sub Inspector of Police, and handed over to the first respondent for sale and recovery of tax. However, this direction will not stand in the way of recovery of tax from the appellant, who is liable as registered owner. Writ Appeal is dismissed with the above direction. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) kk Judge. 2