IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 9792 of 2009(T) -------------------------------------- PETITIONER(S): ------------------------- SAJI GEORGE, S/O.GEORGE, KAVIL HOUSE, 6/21, CHEKKIDIKKADU P.O.,PACHA, EDATHUA VILLAGE, KUTTANADU TALUK, ALAPPUZHA. BY ADVS. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN IYER SMT.LAKSHMI.N.KAIMAL SMT.PRIYA PRASANTH RESPONDENT(S): -------------------------- 1. THE REGIONAL TRANSPORT OFFICER, ALAPPUZHA. 2. C.D.RAJEEV, S/O.DAMODARAN CHIRAKKAPURATH HOUSE, PALLIPURAM, CHERTHALA.P.O. 3. SHOJU JOSEPH, S/O.JOB POTTIMATTATHIL HOUSE, PAZHAYAMATTOM,MUTTOM.P.O., THODUPUZHA. 4. SHAJI, S/O.HAMEED, KUZHIMANDAPATHIL HOUSE, MUTTOM P.O.,POOMALA, THODUPUZHA. 5. THE MANAGER SRIRAM TRANSPORT FINANCE COMPANY, CHITOOR ROAD, ERNAKULAM. 6. VILLAGE OFFICER, EDATHUA VILLAGE KUTTANADU TALUK, ALAPPUZHA. 7. DEPUTY TAHSILDAR (RR) KUTTANADU TALUK, ALAPPUZHA. R1, R6 & R7 BY SR GOVERNMENT PLEADER SRI.JOHN MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.9792/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DEMAND NOTICE DATED 19/09/2008. P2 COPY OF THE DEMAND NOTICE DATED 30/9/2008. P3 COPY OF THE SALE DEED ENTERED INTO BETWEEN THE PETITIONER AND THE SECOND RESPONDENT ON 24/10/2007. P4 COPY OF THE FIR DATED 29/4/2008 PREFERRED BY THE 5TH RESPONDENT AGAINST THE 3RD AND 4TH RESPONDENTS. P5 COPY OF THE FIS IN CRIME NO.812/08 OF THE CENTRAL POLICE STATION ERNAKULAM, DATED 29/4/2008. P6 COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 1ST RESPONDENT, DATED 10/2/2009. P7 COPY OF THE NOTICE DATED 18/3/2008 ISSUED BY THE 7TH RESPONDENT. P8 COPY OF THE NOTICE DATED 27/2/2009 ISSUED BY THE 7TH RESPONDENT. P9 COPY OF THE MEMO DATED 21/04/2010 ISSUED BY THE REGIONAL TRANSPORT OFFICER, ALAPPUZHA. P10 COPY OF THE MEMO DATED 23/04/2010 ISSUED BY THE REGIONAL TRANSPORT OFFICER, ALAPPUZHA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 9792 of 2009 ================== Dated this the 18th day of July, 2011 J U D G M E N T The petitioner challenges proceedings for recovery of arrears of motor vehicle tax in respect of two vehicles, viz. KL-4U-369 and KL-4S-3006, of which the petitioner is the registered owner. According to the petitioner, since the financier had seized and sold the vehicles, respondents 2 to 5 are the persons liable for payment of motor vehicle tax. 2. I have heard the learned Government Pleader also. 3. I am of opinion that insofar as there is a charge on the vehicles themselves for the motor vehicle tax, respondents 1, 6 and 7 shall first proceed against the vehicles themselves. Therefore, this writ petition is disposed of with the following directions: Respondents 1, 6 and 7 shall proceed against the vehicles first and if the amounts realised are not sufficient to cover the arrears of motor vehicle tax due, respondents 1, 6 and 7 shall proceed against the petitioner and respondents 2 to 5 simultaneously. Till the vehicles are sold, coercive proceedings for recovery of the amount from the petitioner shall be kept in abeyance, provided the petitioner has complied with the interim orders passed by this Court. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge