IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 33454 of 2007(G) ----------------------------------------- PETITIONER(S): ------------------------- SABEER KHAN, AGED 36 YEARS, S/O.ABDUL KHADER, SA VIHAR, THIRUVANANTHAPURAM TALUK, MELTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.RAJESH VIJAYAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, THIRUVANANTHAPURAM-695 001. 3. REGIONAL TRANSPORT OFFICER, ATTINGAL, THIRUVANANTHAPURAM-695 001. 4. MOHANA BABU, S/O.PURUSHOTHAMA KURUP, KAILASAM, GANDHI NAGAR COLONY, KAKKAD, KANNUR-5. 5. VILLAGE OFFICER, MELTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 001. R1 TO R3, R5 BY GOVERNMENT PLEADER SMT.P.A.REZIYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.33454/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGREEMENT DATED 20/3/2005. P2 COPY OF THE DEMAND NOTICE DATED 17/1/2007 ISSUED BY THE 3RD RESPONDENT. P3 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 20/2/2007. P4 COPY OF THE REVENUE RECOVERY NOTICE DATED 16/7/2007 ISSUED BY THE 2ND RESPONDENT. P5 COPY OF THE REVENUE RECOVERY NOTICE DATED 16/7/2007 ISSUED BY THE 2ND RESPONDENT. P6 COPY OF THE REVENUE RECOVERY NOTICE DATED 16/7/2007 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 33454 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th day of October, 2011. J U D G M E N T The petitioner was the owner of a contract carriage bearing Reg. No. KL-14/C 5091. The petitioner sold the same to the 4th respondent on 20.3.2005. The petitioner has now been proceeded against for recovery of the motor vehicle tax in respect of the vehicle, which became due subsequent to 30.3.2005. According to the petitioner, the petitioner cannot be made liable for the dues, which arose subsequent to the sale of the vehicle by the petitioner. The petitioner therefore seeks the following reliefs: “(a) Issue a writ of certiorari calling for the records leading to Exts. P2, P4, P5 and P6 and quash the same; (b) declare that this petitioner is not liable to pay any amount towards road tax of the vehicle bearing Reg. No. KL14/C 5091 from 20.3.2005.” 2. Notice could not be served on the 4th respondent. The learned Government Pleader would submit that as long as the petitioner continues to be the registered owner of the vehicle, he is also liable for the tax due in respect of the vehicle. 3. I have heard the learned counsel for the petitioner and the learned Government Pleader . 4. As long as the petitioner continues to be the registered owner of the vehicle, he as well as the 4th respondent-purchaser are liable for the amounts due. But, at the same time, in respect of the arrears of motor vehicle tax, there is a statutory charge on the vehicle itself. Therefore, I am of opinion that respondents W.P(C) No. 33454 of 2007 -: 2 :- 2, 3 and 5 should first proceed against the vehicle for recovery of arrears of motor vehicle tax due in respect of the vehicle. Accordingly, the writ petition is disposed of with the following directions: Respondents 2, 3 and 5 shall first proceed against the vehicle for recovery of the arrears of motor vehicle tax in respect of the vehicle. Only if the sale proceeds are not sufficient to satisfy the arrears, respondents 2, 3 and 5 shall proceed further. If there are still balance arrears, respondents 2, 3 and 5 shall proceed against the petitioner as well as the 4th respondent simultaneously for recovery of the balance. Sd/- S. Siri Jagan, Judge. Tds/