IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 31122 of 2009(I) -------------------------- PETITIONER(S): --------------- R.I.SHOUKATH, S/O.IBRAHIM, AGED 42 YEARS, R.I.HOUSE, TELLICHERRY. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------- THE JOINT REGIONAL TRANSPORT OFFICER, TELLICHERRY. GOVT. PLEADER SRI. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIOER'S EXHIBITS: W.P.C.NO. 31122/2009. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF COMMUNICATION ISSUED BY PRINCIPAL SUB JUDGE, TELLICHERRY. EXT.P2 TRUE COPY OF COMMUNICATION. EXT.P3 APPLICATION SUBMITTED BY PETITIONER. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 31122 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd December, 2009. J U D G M E N T The petitioner is a registered owner of a heavy goods vehicle. He purchased the same in court auction conducted by the Sub Court, Tellicherry. When the petitioner approached the respondent for transfer of ownership, the respondent insisted that the petitioner should pay arrears of tax in respect of the said vehicle prior to the date of purchase. The petitioner approached the Sub Court, Tellicherry and the court issued Ext. P1 communication to the respondent to the effect that the petitioner is liable to pay tax in respect of the vehicle only from the date of purchase. Thereafter, tax was accepted from the petitioner and ownership was transferred in his name without insisting on arrears prior to date of purchase. The petitioner thereafter wanted to sell the vehicle to another person and he approached the respondent for a clearance certificate. Then also the respondent insisted that the petitioner should pay arrears of tax for the periods prior to the purchase of the vehicle. The petitioner again moved the Sub Court for appropriate orders. The Sub Court, by Ext. P2, directed the respondent to issue a no objection certificate. In accordance with the direction of the Sub Court, the petitioner again approached the respondent. However, the respondent insisted on payment of arrears of tax for issuing no objection certificate. It is under the above circumstances, the petitioner has approached this Court seeking the following reliefs: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent to consider Ext. P3 application for clearance certificate submitted by the petitioner without insisting for payment of arrears of tax in respect of the vehicle bearing Regn. No. KL-13/N-5019 as directed by the Sub Court, Tellicherry in Exts.P 1 and P2 orders. (ii) declare that the petitioner need not have to pay arrears of W.P.C. No. 31122/09 -: 2 :- tax in respect of vehicle bearing Regn. No. KL-13/N-5019 for the purpose of issuance of clearance certificate as requested in Ext. P3 in the light of Exts.P1 and P2 orders of the Sub Court, Tellicherry.” 2. I am totally unhappy that the respondent has no respect for orders of courts of this country. This is highly unbecoming of the respondent. The conduct of the respondent deserves to be condemned in no uncertain terms. However, I am not inclined to take further proceedings in view of the submission made by the learned Government Pleader that clearance certificate has been issued without insisting on payment of arrears of tax. In the above circumstances, the writ petition is disposed of recording the above submission and expressing displeasure of the Court on the conduct of the respondent and with a warning that any further similar act would be viewed seriously. Needless to say, it would be open to the respondent to recover arrears of tax from the former owner of the vehicle in accordance with law. Sd/- S. Siri Jagan, Judge. Tds/