IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 9992 of 2006(M) ------------------------- PETITIONER: ------------ T.P. GEORGE, S/O. PAULOSE, AGED 50, THACHATTU HOUSE, NADUMATTOM, RAJAKUMARI SOUTH P.O., IDUKKI DIST. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, PAINAVU, IDUKKI. 2. THE TAHSILDAR (R.R), NEDUMKANDAM, IDUKKI DIST. ADDL. RESPONDENT. 3. CAPITAL CREDIT SYNDICATE, CLASSIC TOWER, OPP. JAWAHAR THEATRE, COLLEGE ROAD, KOTHAMANGALAM – 686 891. (IMPLEADED AS ADDL. R3 AS PER ORDER DATED 16.3.2007 IN IA 3857/2007) BY ADV. SRI.PEEYUS A.KOTTAM FOR R3 GOVT. PLEADER SRI.SHYSON P.MANGUZHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 9992/2006 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF NOTICE DATED 14.12.2005 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2 - TRUE COPY OF NOTICE UNDER SECTION 34 OF R.R.ACT ISSUED TO THE PETITIONER. EXT.P3 - TRUE COPY OF NOTICE UNDER SECTION 65 OF THE R.R.ACT TO THE PETITIONER. EXT.P4 - TRUE COPY OF THE RECEIPT DATED 26.3.2003 FOR PAYMENT OF BASIC TAX. ANNEXURE-1 - TRUE COPY OF LETTER DATED 28.12.1998 ISSUED BY THE FINANCE COMPANY TO THE PETITIONER. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 9992 OF 2006-M ----------------------------------------- JUDGMENT The petitioner has approached this Court, challenging Ext.P3 notice issued under Section 65 of the Kerala Revenue Recovery Act, proposing to detain him in civil prison for non-payment of the motor vehicles tax for the period from 1.7.1997 to 31.12.2004, which will come to Rs.1,39,500/-. The petitioner submits, during the pendency of the writ petition, he has paid the entire tax demanded. He further submits that the vehicle was in the possession of the financier, the 3rd respondent herein from December, 1998 and he proposes to proceed against the said respondent for the tax he has paid for the period when the vehicle was in its possession. Without prejudice to the rights, if any, of the petitioner in this regard, the Writ Petition is closed. 19th September, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/