IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 785 of 2007(R) ----------------------------------- PETITIONER: ------------------- P.K.SUDARSANAN, AGED 48 YEARS, S/O. P.N.KRISHNAN, PUTHENPURAYIL HOUSE, PERUMPALLOOR P.O., MUVATTUPUZHA. BY ADV. MR. E.S.M.KABEER. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT OFFICER, KOLLAM. 2. P.KAVIRAJ, S/O. PADMANABHA PANICKER, NIRMALYAM, THAIKKADAVOOR, KOLLAM DISTRICT. *ADDL.R3 IMPLEADED: 3. THE VILLAGE OFFICER, MULAVOOR, MUVATTUPUZHA TALUK. *IMPLEADED AS ADDL. R3 AS PER ORDER DT. 13/08/07 IN I.A. NO. 10877/07. R1 & ADDL.R3 BY GOVT. PLEADER MR. K.P. PRADEEP. R2 BY ADV.MR.C.R.SIVAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.785/2007-R: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT FOR SALE DTD. 11/12/1999. EXT.P.2: COPY OF THE REPRESENTATION DTD. 14/01/2004 SUBMITTED BEFORE THE DEPUTY TAHSILDAR (RR) DTD. 14/01/2004. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).2212/2004 DTD. 21/01/2004. EXT.P.4: COPY OF THE LETTER SENT TO THE R.1. EXT.P.5: COPY OF THE ACKNOWLEDGMENT CARD. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 785 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd August, 2009. J U D G M E N T The petitioner is the registered owner of a stage carriage bearing registration no. KL-5/9306. According to the petitioner, he had transferred the vehicle to the 3rd respondent as per Ext. P1 agreement dated 11-2-1999. In 2004, a demand notice was issued to the petitioner directing him to pay motor vehicles tax for the period subsequent to the transfer. The petitioner challenged the demand in W.P(C) No. 2212/2004. In that, this Court had, by Ext. P3 judgment dated 21-1-2004, directed the Regional Transport Officer, Kollam to consider a representation filed by the petitioner, which was produced as Ext. P3 in that writ petition, with notice and opportunity to the petitioner and the 3rd respondent within one month from the date of receipt of a copy of that judgment. It was further directed that further proceedings against the petitioner shall be deferred till a decision is taken as directed in that judgment. It was also made clear that this will not preclude respondents 1 and 2 from proceeding against the vehicle concerned. The petitioner's grievance in this writ petition is that without complying with the directions in the judgment, proceedings have been initiated again for recovery of the amounts from the petitioner. Under the above circumstances, the petitioner has filed this writ petition seeking the following relief: “to issue a writ of mandamus to any other writ, order or direction directing the 1st respondent to issue the order passed on Ext. P2 representation in compliance of Ext. P3 judgment to the petitioner.” 2. The learned Government Pleader submits that the notice issued to the petitioner pursuant to the said judgment had been returned with the endorsement 'not known' and that is why the W.P.C. No. 785/07 -: 2 :- proceedings could not be finalised. However, the learned Government Pleader now admits that a notice was issued in the address at Perumbavoor P.O whereas the petitioner's address is Perumpalloor P.O. In view of the said mistake, the learned Government Pleader submits that the directions in Ext. P3 judgment would be complied with after hearing the petitioner within one month. This is recorded and the writ petition is closed. Needless to say, until the matter is finalised as directed in Ext. P3 judgment, no further proceedings shall be initiated against the petitioner for recovery of the disputed amount. The petitioner shall, on receipt of notice, appear before the R.T.O and co-operate with the proceedings . I also make it clear that in the meanwhile the first respondent would be free to proceed against the 2nd respondent and the vehicle for recovery of the defaulted tax. Sd/- S. Siri Jagan, Judge. Tds/