IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 8011 of 2008(D) ------------------------- PETITIONER: -------------- ANWAR HUSSAIN, S/O.MOHAMMED HANEEFA, RAHATH HOUSE, PUTHUVASSERY, KANJIRAMATTOM P.O, ERNAKULAM DISTRICT. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 2. THE DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM-682 0011. 3. THE JOINT REGIONAL TRANSPORT OFFICER, TRIPUNITHURA, ERNAKULAM. 4. ANISH, PROPRIETOR, MANAKKAL TRAVELS, THOPUMPADY, ERNAKULAM. BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8011 OF 2008 D ==================== Dated this the 10th day of March, 2008 J U D G M E N T In this writ petition, the challenge is against Ext.P1 recovery proceedings initiated for recovery of the motor vehicles tax dues in respect of a tempo traveller, which according to the petitioner was transferred to the 4th respondent sometime in 2002. As is evident from the pleadings, petitioner was already given one weeks time to inform the respondents the whereabouts of the tempo traveller and as he failed to do so, recovery proceedings were initiated against him. Facts being so, respondents cannot be faulted for the steps they have taken against the petitioner. 2. However, petitioner now submits that he has succeeded in gathering information about the whereabouts of the tempo traveller and that in a weeks time he will be in a position to furnish the details to the 2nd respondent. If the petitioner succeeds in furnishing the whereabouts, there is no reason to WPC 8011/08 :2 : continue the recovery proceedings as against the petitioner, atleast for the present. 3. Therefore, in order to enable the petitioner to furnish details regarding the vehicle involved, I direct that proceedings pursuant to Ext.P1 be adjourned for ten days from today. In the meanwhile, if the petitioner furnishes the whereabouts of the tempo traveller bearing Registration No.KL.7/P 9079, the 2nd respondent shall attempt to get the vehicle attached and realise the amount due. Thereafter, the proceedings for recovery, if any, against the petitioner shall be continued only in the event respondents failing to recover the amount by proceeding against the vehicle or if the amount realised is inadequate to discharge the liability. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp