IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 13861 of 2005(A) -------------------------- PETITIONER: ------------ UNNIKRISHNAN NAIR, S/O.KESAVAN NAIR, KESAVA BHAVANAM, MUTHUKULAM. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: ------------- 1. THE REGIONAL TRANSPORT OFFICER, ALAPPUZHA. 2. SRI.RAJAN K., KARAVALLIL HOUSE, KANICHANALLUR, MUTTOM P.O., HARIPPAD. R1 BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON 23/07/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF AGREEMENT DT.23.2.2001. P2: TRUE COPY OF TRANSFER OF PERMIT DT.15.9.2001. P3: TRUE COPY OF MEMO DT.14.3.2005. P4: TRUE COPY OF OBJECTION DT.7.4.2005. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.13861 of 2005 .................................................................... Dated this the 23rd day of July, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of arrears of motor vehicle tax due in respect of a stage carriage which according to him, he sold to second respondent. Even though second respondent has been served notice, he has not filed any counter. When the W.P. was admitted, this court only granted instalment facility to the petitioner to clear the arrears, probably because petitioner continued as registered owner who is liable to pay tax under Section 3(3) of the Motor Vehicles Taxation Act. If petitioner has cleared the arrears in terms of the interim order, then the W.P. has become infructuous. If petitioner committed default, recovery would have been made as the stay got vacated on default. In any case I do not think W.P. survives for any purpose and it is therefore closed leaving freedom to the petitioner to recover the amount from the second respondent, if under the terms of sale he is liable to pay the amount. C.N.RAMACHANDRAN NAIR Judge pms