IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 7869 of 2008(J) -------------------------------------------- PETITIONER(S): ----------------------- SHIBU.K.N., S/O.NARAYANAN, AGED 35, RESIDING AT KUTTIPARICHEL HOUSE, NEENDOOR P.O., KOTTAYAM. BY ADV. SRI.JOHNSON MANAYANI RESPONDENT(S): -----------=------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. REGIONAL TRANSPORT OFFICER, COLLECTORATE, KOTTAYAM. 3. DEPUTY TAHSILDAR (RR), KOTTAYAM. 4. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO.7869 OF 2008 J PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE LETTER DATED 22.5.2003 OF THE 2ND RESPONDENT TO THE ASST. MOTOR VEHICLES INSPECTOR, KOTTAYAM. EXT.P2TRUE COPY OF THE REPORT SUBMITTED BY THE ASST. MOTOR VEHICLES INSPECTOR, KOTTAYAM. EXT.P3TRUE COPY OF THE REGISTRATION PARTICULARS OF THE PETITIONER'S VEHICLE. EXT.P4TRUE COPY OF THE REVENUE RECOVERY NOTICE OF THE 2ND RESPONDENT DATED 27.2.2004. EXT.P5 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 4.11.2007. EXT.P6TRUE COPY OF THE FORM NO.19 NOTICE ISSUED BY THE FIRST RESPONDENT. EXT.P7TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXTS.P5 AND P6. EXT.P8TRUE COPY OF THE NOTICE DATED 11.2.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P9TRUE COPY OF THE PETITION DATED 28.2.2008 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 7869 OF 2008 J -------------------------------------- Dated this the 7th November, 2008 JUDGMENT Petitioner has approached this Court seeking the following reliefs: “i. Issue a writ of certiorari or any other appropriate writ, direction or order quashing Exts.P4, P5, P6 and P8. ii. Issue a writ of mandamus or any other appropriate writ, direction or order directing the second respondent to produce the entire files pertaining to stage carriage bus KEK- 3169. iii. Declare that the petitioner is not liable to pay any amount as demanded in Exts.P4, P5, P6 and P8.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is not a defaulter. He was not operating the vehicle in the period of arrears. The vehicle was transferred also by Ext. P3, and Exts. P1 and P2 are relied on to show that the WPC.7869/08 J 2 vehicle was kept idle. 3. I heard Shri Johnson Manayani, learned counsel for petitioner and the learned Government Pleader. Learned Government Pleader points out that Ext.P8 is a notice dated 11.2.2008. Petitioner has filed Ext.P9 Petition. In the Counter Affidavit filed on behalf of the first respondent, it is further stated that a warrant of arrest is issued to the petitioner on 30.5.2008. Learned Government Pleader points out that the District Collector has yet to pass a final order. In such circumstances, the Writ Petition is disposed of directing that the first respondent will pass a final order in the matter within two weeks from the date of receipt of a copy of this Judgment. Regarding the contention of the petitioner that he is not liable, I do not think that, that is a matter which should engage the attention of the Authority proceeding under Section 65 of the Revenue Recovery Act. I need not pronounce on the said WPC.7869/08 J 3 question in this proceedings. Petitioner will not be arrested till a decision is taken by the first respondent as aforesaid. Sd/= K. M. JOSEPH, JUDGE kbk.