IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 20593 of 2010(Y) --------------------------------------- PETITIONER: ------------------- SRI.REJIMON KURIAN, PAZHUKKATHARA HOUSE, KALLARA VILLAGE, VAIKOM. BY ADVS. SRI.J.JULIAN XAVIER, SRI.FIROZ K.ROBIN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. SUPERINTENDENT OF POLICE, KOTTAYAM. 3. SUB REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, VAIKOM. 4. DEPUTY TRANSPORT COMMISSIONER, KOTTAYAM. 5. AISWARYA FINANCE, PUNALUR, REP. BY ITS MANAGING DIRECTOR A.M.CHACKOCHAN. R1 TO R4 BY SR. GOVT. PLEADER SRI. MATHEW GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.20593 of 2010-Y ---------------------------- Dated this the 2nd day of July, 2010. J U D G M E N T The petitioner is aggrieved of the steps being taken by the Revenue Authorities, resorting to Section 65 of the Kerala Revenue Recovery Act, causing the petitioner to be arrested and detained in civil prison, in view of the default occurred in remitting the tax in respect of the vehicle bearing No.KL 6A 1100. 2. The case of the petitioner is that, the petitioner who is a salesman in a 'ration shop' on daily wages, purchased the above vehicle (a second hand lorry) in the year 1998, but realised that it was not feasible to be operated and incurred heavy loss in the meanwhile. Since the petitioner could not pay the instalments due to the financier on time, the financier re-possessed the vehicle in the year 2002. It is stated that, after the re-possession of the vehicle, the financier remitted the tax till 2005 and thereafter, the vehicle is stated as demolished at the instance of some others. 3. The learned counsel for the petitioner submits that, the petitioner is not aware of the particulars of the financier, as the W.P(C) No.20593 of 2010-Y 2 finance was made available, through the fifth respondent; however adding that, on enquiry, it has been revealed that the financier has committed suicide. With regard to the extent of liability, the learned counsel submits that the petitioner would like to avail the statutory remedy by approaching the authorities concerned, for which some breathing time is sought for. 4. Heard the learned Government Pleader as well. 5. Considering the facts and circumstances, it is made clear that the petitioner is at liberty to pursue the statutory remedy, if any, in accordance with law. The coercive proceedings under Section 65 of the Kerala Revenue Recovery Act, shall be kept in abeyance for a period of one month, on condition that the petitioner deposits a sum of Rs.10,000/- within one week. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab