IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 29102 of 2006(M) -------------------------- PETITIONER(S): --------------- NIBU MON P.S., NISIDANI HOUSE, R.P.C.P.O., MUNDAKKAYAM. BY ADV. SRI.I.DINESH MENON RESPONDENTS: --------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, KANHIRAPPALLY. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KANHIRAPPALLY. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KANHIRAPPALLY. 4. M.S. SHUKKUR, S/O.SAIDUMOHAMED, MULAKKAL HOUSE, PUNNAMATTOM, MOOVATTUPUZHA. ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI FOR R,4 GOVERNMENT PLEADER, SRI.P.RAVINDRA BABU FOR R1TOR3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29102/2006 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE SALE AGREEMENT BETWEEN PETITONER AND 4TH RESPONDENT DT.8.4.2004. EXT.P2: COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE RR ACT. EXT.P3: COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE R.R ACT. EXT.P4: COPY OF THE SANCTION DT.29.8.2006. EXT.P5: COPY OF THE REPRESENTATION DT.15.9.2006. EXT.P6: COPY OF THE REPRESENTATION DT.15.9.2006. EXT.P7: COPY OF THE FIR DT.1.7.2005. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR, J. ---------------------------------------- W.P.(C) No.29102 OF 2006 ---------------------------------------- Dated this the 7th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner was the registered owner of a goods vehicle bearing registration No.KL-5B/4965. He sold the vehicle to the 4th respondent under Ext.P1 sale agreement dated 8.4.2004. Subsequently, the petitioner has been served with Exts.P2 and P3 demand notices under the Revenue Recovery Act, demanding motor vehicles tax in relation to that vehicle from 1.7.2005 to 31.3.2006. This writ petition was filed challenging the said demand. This Court passed an interim order to seize that vehicle for arrears of tax. The petitioner submits the 4th respondent has subsequently transferred the vehicle to the additional 5th respondent. The amount due under Exts.P2 and P3 has already been paid by him. The only prayer, now, the petitioner makes before this Court, is to direct the registering authority to consider Ext.P5 and transfer the registration in favour of the present person in possession of the vehicle. W.P.(C) No.29102/2006 2 If Ext.P5 is received and pending, the 1st respondent is directed to consider and pass orders on it, in accordance with law, after affording an opportunity of being heard to the petitioner and the person in possession of the vehicle, within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps