IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 4592 of 2006(V) ------------------------------------ PETITIONER: ------------------- WILSON. K.A., AGED 47 YEARS, S/O. LATE K.V. ANTONY, KUTHOTTANGAL HOUSE, P.O. PILICODE, HOSDRUG TALUK. BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: --------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, KANHANGAD. 2. THE DISTRICT COLLECTOR, KASARAGOD. 3. THE SPEICIAL DEPUTY TAHSILDAR (R.R.) HOSDRUG. 4. VILLAGE OFFICER, PILICODE. 5. M.J. JOSE, S/O. M.R. ITTYTHAN, JOSHA TYRES, P.O. CHERUVATHUR, HOSDRUG TALUK. 6. SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, P. CHANDERA, HOSDRUG TALUK. BY ADV. SRI.K.SHRIHARI RAO FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008 8, THE COURT ON THE SAME DY DELIVERED THE FOLLOWING: WP(C).No. 4592 of 2006(V) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE SALE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND 5TH RESPONDENT DATED 27.11.2003. EXT.P2 - TRUE COPY OF THE LAWYER NOTICE ISSUED B Y THE PETITIONER TO 5TH RESPONDENT DATED 4.12.2O04. EXT.P3 - TRUE COPY OF THE REPLY NOTICE DATED 6.1.2005. EXT.P4 - TRUE COPY OF THE REFER NOTICE SERVED BY THE 6TH RESPONDENT ON THE PETITIONER. DATED NIL. EXT.P5 - TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER AGAINST THE 5TH RESPONDENT BEFORE J.F.C.M.I. COURT, HOSDURG DATED 18.8.2005. EXT.P6 - TRUE COPY OF THE DEMAND NOTICE DATED 13.1.2006 ISSUED BY THE 4TH RESPONDENT. EXT.P7 - TRUE COPY OF THE REGISTERED LAWYER NOTICE ISSUED BY THE PETITIONER'S COUNSEL TO THE 1ST RESPONDENT DATED 3.2.2006. EXT.P8 - TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED IN THE NAME OF THE PETITIIONER'S WIFE DATED 1/10/2005. TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.4592 OF 2006 --------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T Petitioner approached this Court when steps were taken for recovery of tax in respect of lorry No. KLS 4689. There is already a direction by this Court dated 16.02.2006 to seize the vehicle. 2. There will be a direction to the respondents 1 to 4 and 6 to dispose of the vehicle, if not already disposed of, within a period of two months from today. Only after exhausting that remedy, the petitioner shall be proceeded against. In the event of any steps being taken, the authority concerned shall afford an opportunity for hearing to the petitioner and the 5th respondent. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 4592 OF 2006 J U D G M E N T 01.09.2008