IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 7078 of 2005(P) ------------------------- PETITIONER: ------------ PRATHAPAN, S/O. KRISHNAN, KUNNATHUVILA VEEDU, VAYAKKAL MURI, VALAKOM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SMT.MEREENA JOSEPH RESPONDENTS: ------------- 1. THE DEPUTY TRANSPORT COMMISSIONER, SOUTH ZONE, KERALA STATE, THIRUVANANTHAPURAM. 2. THE JOINT REGIONAL TRANSPORT OFFICER, PUNALUR, KOLLAM DISTRICT. 3. THE DEPUTY TAHSILDAR (R.R), TALUKL OFFICE, KOTTARAKKARA. 4. SHAMSUDHEEN, S/O. KOCHUTHAMPI RAWTHER, MOOLAYIL VEEDU, KANNAMKOTTU MURI, ADOOR P.O., PATHANAMTHITTA DISTRICT. BY SMT.SMITHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.7078 of 2005 --------------------------------- Dated, this the 28th day of July, 2008 J U D G M E N T Even though petitioner as registered owner is liable to pay motor vehicle tax under Section 3(3) of the Motor Vehicle Taxation Act, petitioner's case is that he sold the vehicle to 4th respondent, who appears to have undertaken to the petitioner to clear the arrears of tax. Obviously, recovery can be initiated against petitioner and petitioner's agreement with 4th respondent may be enforceable by him through Civil Court. The writ petition is, therefore, devoid of merit and is dismissed. In view of this decision, petitioner's appeal also has become infructuous. However, if vehicle is in arrears of tax, it should be seized on request by petitioner and sold for recovery of tax. (C.N.RAMACHANDRAN NAIR, JUDGE) jg