IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 21483 of 2007(G) --------------------------------- PETITIONER(S): ------------------- SHIBU AUGUSTINE, MATHIRAPPILLY HOUSE, EDAYAKUNNAM, SOUTH CHITTOOR, KOCHI-27. BY ADVS. SRI.K.RAVEENDRAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): -------------------- 1. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM. 2. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY), KANAYANNUR TALUK, ERNAKULAM, KOCHI-682 011. 3. THE VILLAGE OFFICER, CHERANALLUR, COCHIN-27. BY GOVERNMENT PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.21483/2007 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE OF DEMAND UNDER SECTION 7 OF THE REVENUE RECOVERY ACT FOR ATTACHMENT OF PROPERTIES ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV S.SIRI JAGAN, J. ================== W.P.(C).No. 21483 of 2007 ================== Dated this the 17th day of November, 2011 J U D G M E N T The petitioner is the owner of a contract carriage in respect of which, tax arrears are due. Revenue recovery proceedings have been initiated as per Ext.P1. The petitioner is willing to pay the arrears. He approached this Court by filing W.P.(C).No. 16125/2007 for an order directing the 1st respondent to receive tax without insisting on production of the RC book since the RC book is with the financier, although the petitioner is the real owner. After filing of the said writ petition, the 1st respondent requested respondents 2 and 3 to recover the arrears through revenue recovery proceedings. The said revenue recovery proceedings are under challenge in this writ petition. Subsequent to the filing of this writ petition, W.P.(C).No. 16125/2007 has been disposed of by judgment dated 11.7.2007, which reads thus: “Petitioner's case is that the RC book of his vehicle bearing Reg. No. KL-4/L 9005, is held by the 2nd respondent, the financier of the vehicle. However, learned counsel for the 2nd respondent on instructions submitted that 2nd respondent does not have RC book with them. The vehicle, which is a mini bus, requires fitness certificate also. In the circumstances, this writ petition is disposed of directing first respondent to receive tax and issue receipt and keep record for the same. It is open to the petitioner to apply for duplicate RC book in accordance with the procedure. If application is filed, duplicate RC book will be issued in accordance with the procedure within a reasonable time. I make it clear that the financier is free to exercise their rights for recovery of loan arrears.” In the above circumstances, this writ petition also has to be w.p.c.21483/07 - : 2 :- disposed of in terms of the said judgment. Accordingly, this writ petition is disposed of in terms of that judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge