IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 31723 of 2004(B) -------------------------- PETITIONER: ------------ SRIRAMAN,S/O. GOPALAN, THATTAPARAMBIL,KADAVANADU,PONNANI. BY ADV. SMT.C.V.BINDU RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THAHASILDAR,PONNANI, MALAPPURAM. 3. THE DEPUTY THAHASILDAR (REVENUE RECOVERY), THALUK OFFICE,PONNANI,MALAPPURAM. 4. JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE,PONNANI 5. UMMER,S/O.KUNJUTTY, THARAKKAL,ERIKKAMANNA,EZHZVZTHURUTHI,PONANI R1 TO R4 BY GOVERNMENT PLEADER SRI. V. TEKCHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AGREEMENT ENTERED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT DATED 2.9.1998 EXT.P2 TRUE COPY OF COMMUNICATION SUBMITTED BEFORE THE FOURTH RESPONDENT BY THE PETITIONER DATED 9.3.2000 EXT.P2(A) ACKNOWLEDGEMENT CARD DATED 18.3.2003 EXT.P3 TRUE COPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE THIRD RESPONDENT DATED 15.9.2004 EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 20.9.2004 EXT.P5 TRUE COPY OF THE LAWYERS NOTICE DATED 25.9.2004 EXT.P6 TRUE COPY OF THE REPLY TO THE LAWYERS NOTICE GIVEN FROM2ND RESPONDENT DATED 6.10.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 31723 OF 2004 -------------------------------------------- Dated this the 29th day of May, 2008 JUDGMENT W.P.C. remains defective for the reason that fifth respondent is no more. I do not think there is any necessity to keep the W.P. pending for the petitioner to trace the legal heirs of the fifth respondent because petitioner's case is that fifth respondent is liable for payment of motor vehicle tax for the vehicle sold by the petitioner to the fifth respondent. Since contract between the petitioner and fifth respondent with regard to sale of vehicle and the fifth respondent's liability to compensate the petitioner for the loss, if any, caused, cannot be enforced through writ proceedings, it is for the petitioner to pursue the remedies against legal heirs in accordance with terms agreed under the contract. However, petitioner as registered owner is liable to pay motor vehicle tax under Section 3(3) of the Kerala Motor Vehicle Taxation Act. Government Pleader reported that effort to trace the vehicle was not successful. In the circumstances, recovery against the petitioner can be continued, if the petitioner does not settle liaibility. However, having regard to the 2 amount involved and the vehicle is stated to be not traceable, petitioner is granted three equal monthly instalments to clear the arrears, first of which will be paid on or before 30.6.2008 and the balance on or before last day of two succeeding months. If petitioner commits default in payment of any instalment, the instalment facility will stand automatically cancelled and respondents will be free to proceed for recovery of the entire amount due from the petitioner. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3