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. 33589 of 2005(W) -------------------------- PETITIONER: ------------ C.SHARAFUDHEEN, S/O.BEERANKUTTY, CHEENIKKAL HOUSE, MUTHUR, TIRUR, MALAPPURAM. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENTS: ------------- 1. THE DEPUTY TAHSILDAR (RR), TIRUR. 2. THE VILLAGE OFFICER, TIRUR. 3. THE BRANCH MANAGER, NEW INDIA INSURANCE COMPANY, TIRUR. R1 & R2 BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOSTAT COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO. KL- 10C 9000 EXT.P2 PHOTOSTAT COPY OF THE EXPIRED PERMIT OF THE VEHICLE. EXT.P3 PHOTOSTAT COPY OF THE INSURANCE POLICY SCHEDULE. EXT.P4 PHOTOSTAT COPY OF G FORM SUBMITTED BY THE PETITIONER. EXT.P5 PHOTOSTAT COPY OF THE RR NOTICE DATED 13.5.2005 ISSUED BY THE FIRST RESPONDENT. EXT.P6 PHOTOSTAT COPY OF THE JUDGMENT IN WPC 15391 OF 2005 G DATED 23.5.2005 OF THIS HON'BLE COURT. EXT.P7 PHOTOSTAT COPY OF THE RR NOTICE DATED 3.8.2005 ISSUED BY THE FIRST RESPONDENT. EXT.P8 PHOTOSTAT COPY OF THE JUDGMENT IN WPC 27128 OF 2005 D DATED 9.9.2005 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 33589 OF 2005 -------------------------------------------- Dated this the 28th day of July, 2008 JUDGMENT Petitioner, in this Court, is in the second round of litigation. In the last occasion, this Court vide Ext.P8 judgment directed the RTO to consider petitioner's claim for exemption. It was made clear in the said judgment that if petitioner does not get any exemption order, recovery will be continued. Tahsildar is continuing recovery proceedings based on the said observation because petitioner has not produced any orders from the RTO. Petitioner does not appear to have any case of violation of Ext.P8 judgment by the RTO. In the circumstances, recovery proceedings are rightly continued by the Tahsildar. W.P. is devoid of any merit and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2