IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 3642 of 2007(H) ------------------------- PETITIONER: ------------------ BENNY AUGUSTINE, S/O. AUGUSTINE, AGED 42 YEARS, KORATHIYIL HOUSE, KADANADU, MEENACHIL TALUK, KOTTAYAM. BY ADV. SRI.GEORGE MATHEW SRI.A.V.TELLES RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY COMMISSIONER OF MOTOR VEHICLES, THIRUVANANTHAPURAM. 2. ASSISTANT EXCISE COMMISSIONER, KASARGOD, CIVIL STATION, KASARGOD. 3. JOINT REGIONAL TRANSPORT OFFICER, JOINT REGIONAL TRANSPORT OFFICE, PALA. 4. DEPUTY TAHSILDAR (R.R.), MINI CIVIL STATION, MEENACHIL TALUK, PALAI. 5. VILLAGE OFFICER, KADANADU VILLAGE, MEENACHIL TALUK, PALA. 6. A.K.ASHOK KUMAR, S/O. KARUNAKARAN, AGED 36 YEARS, ARANJANAI HOUSE, PARAPPILLI, POOVARNY VILLAGE, MEENACHIL TALUK. BY GOVERNMENT PLEADER SRI K.D.PRAEEP FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).3642/2007 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE AGREEMENT DATE 20/12/95. EXT.P2 TRUE COPY OF THE NOTICE DATED 30/7/2000. EXT.P3 TRUE COPY OF THE HOW CAUSE NOTICE NO.K.S.3/259/02 DATED 16/4/2004. EXT.P4 TRUE COPY OF THE REPRESENTATIO DTD. 7/3/05 SUBMITTED BY THE PETITIOER BEFORE THE 3RD RESPONDENT. EXT.P5 TRUE COPY OF THE OTICE NO.BO2-31215/K.DIS.DATED 26/9/2006 ISSUED BY THE 4TH RESPONDENT. EXT.P6 TRUE COPY OF THE NOTICE OF ATTACHMENT NO.BO2-31215/06/K.DIS. DATED 26/9/2006 ISSUED BY THE 4TH RESPONDENT. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.3642 OF 2007 ---------------------------- DATED THIS THE 15TH DAY OF JANUARY, 2009 JUDGMENT This Court by interim order dated 2/2/2007 directed the 3rd respondent to modify the requisition for revenue recovery and to inform the 4th respondent of the same. It is submitted by the learned Government pleader that in compliance with the interim order, the matter was considered and a modified order was passed reducing the amount to Rs.15,405/- on 11/5/2007. The revised requisition was forwarded to the 4th respondent-Deputy Tahsildar. It is submitted by the petitioner that based on the revised requisition, no demand has been made till date. 2. In the circumstances, Exts.P5 and P6 demand cannot stand. The petitioner is at liberty to challenge the modified requisition, as an when a demand is made. He is also at liberty to content before the 3rd respondent that the liability to pay the -2- W.P.(C).No.3642/2007 amount of tax is on the transferee of the vehicle, the 6th respondent herein. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge kcv.