IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 3094 of 2005(R) ------------------------------------ PETITIONER: ------------------ B.SHANVAZ, S.S.MANZIL, AVANAVANCHERRY, ELAMBA P.O. , ATTINGAL. BY ADV. SRI.S.ABDUL RAZZAK RESPONDENTS: ----------------------- 1. THE DEPUTY TAHSILDAR [RR]. CHIRAYINKEEZHU TALUK, TALUK OFFICE, ATTINGAL. 2. THE JOINT REGIONAL TRANSPORT OFFICER, ADDL. REGISTERING AUTHORITY, R.T.O.OFFICE, ATTINGAL. 3. M.HAKKIM, S/O.MYDEEN KUNJU, PARAYIL VEEDU, PERUMALA, PULLAMPARA P.O. NEDUMANGAD, THIRUVANANTHAPURAM DIST. 4. NOUSHAD, S/O.SHAHUL HAMEED, KATTILVILA HOUSE, KIZHUVALOM VILLAGE, CHIRAYINKEEZHU TALUK. 5. ABDUL SAMAD, S/O.MAHAMOOD, T.C.85/35/612 SULAIMAN STREET, VALLAKKADAVU, PETTAH, THIRUVANANTHAPURAM. 6. THE GOVERNMENT OF KERALA, REP. BY SECRETARY [TAXES] GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.TEK CHAND FOR R1, R2 & R6 ADV. SRI.SAJU.S.A FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).3094/2005-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE DATED 22/01/2001 ISSUED BY R2. EXT.P2: COPY OF THE AGREEMENT OF SALE DATED 09/05/1995 HANDING OVER POSSESSION OF THE VEHICLE TO R3. EXT.P3: COPY OF THE AGREEMENT OF SALE DATED 02/04/97 BETWEEN R4 & R5. EXT.P4: COPY OF THE I.A. NO.2635/97 DATED 27/12/97 IN O.S.85/98 FILED BY R5 BEFORE DISTRICT COURT, TRIVANDRUM DURING VACATION. EXT.P5: COPY OF THE DEMAND NOTICE NO.G3-9002/98 DATED 17/09/1998 ISSUED BY R1. EXT.P6: COPY OF THE REPRESENTATION DATED 15/03/1999 SENT BY PETITIONER TO R1. EXT.P7: COPY OF THE RECEIPT NO.63 DATED 28/10/1999 FOR Rs.10,000/- ISSUED TO PETITIONER. EXT.P8: COPY OF THE DEMAND NOTICE NO.G-3.19541/99 ISSUED BY R1. EXT.P9: COPY OF THE MEMO NO.C2.233 ATL. 2001 DATED 10/11/2004 ISSUED BY R2 TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No.3094 OF 2005 -------------------------------------- Dated this the 18th day of September, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner submits he has already moved the civil court against the recovery steps taken by the revenue recovery officials. Though the suit filed by him was dismissed by the Munsiff Court, the appellate court has granted stay of recovery pending consideration of the appeal. In view of the above position, this writ petition is closed, without prejudice to the contentions of the petitioner and his right to pursue the appeal filed by him before the appellate court. (K.BALAKRISHNAN NAIR, JUDGE) ps