IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 25810 of 2005(V) -------------------------- PETITIONER: ------------ 1. AYISHA EBRAHIM, AGED 53 YEARS, W/O.LATE T.M.EBRAHIM, RESIDING AT UDINATTU HOUSE, KAVUMKARA, MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-686 673. 2. U.E.ASHRAF, AGED 41 YEARS, S/O.LATE T.M.EBRAHIM, RESIDING AT UDINATTU HOUSE, KAVUMKARA, MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-686 673. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENTS: ------------- 1. THE REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA. 2. THE DEPUTY TAHSILDAR (RR), MUVATTUPUZHA. 3. THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 PHOTOSTAT COPY OF THE DEMAND NOTICE NO. B3-7526/2005/D/N .361/05 DATED 5.8.2005 ISSUED BY THE SECOND RESPONDENT. EXT.P2 PHOTOSTAT COPY OF THE DEMAND NOTICE NO. B3-7526/2005/D/N. 361/05 DATED 5.8.2005 ISSUED BY THE SECOND RESPONDENT. EXT.P3 PHOTOSTAT COPY OF THE PETITION NO. NIL DATED.5.2005 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS. EXT.P4 PHOTOSTAT COPY OF THE DETAILS OF THE VEHICLE KBE 3163 DATED 23.6.2006 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 25810 OF 2005 -------------------------------------------- Dated this the 29th day of August, 2008 JUDGMENT Petitioner is denying liability for payment of motor vehicle tax in respect of a jeep of which he was the registered owner. The so-called purchaser is not made a party in the W.P. Petitioner is relying on some entry in the register maintained in the office of the RTO, copy of which is produced as Ext.P4. The RTO has filed a report based on interim orders issued by this Court. According to the RTO, petitioner continues to be the registered owner on record and the vehicle is not traceablde. He further stated that even after so-called sale in 1985 petitioner remitted tax upto 1990. Further, from the original register produced by the Government Pleader I notice an entry made in pencil about the transfer to one T.K. Basker on 19.2.1985. Petitioner has not explained as to how petitioner remitted tax after 1985 upto 1990. In the circumstances, and since petitioner continues to be the registered owner, I dismiss the W.P. leaving freedom to the respondents to proceed against the petitioner for recovery. (C.N. RAMACHANDRAN NAIR) Judge kk 2