IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 36911 of 2009(H) -------------------------- PETITIONER: --------------- VISWANATHAN, 14/61, THIRUTHIYIL HOUSE, BEYPORE P.O., KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: --------------- 1. THE SECRETARY, THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. 2. THE SPECIAL DEPUTY TAHSILDAR (ARREARS COLLECTION) KOZHIKODE-4. 3. THE VILLAGE OFFICER, BEYPORE, KOZHIKODE. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 36911 OF 2009 ......................................................................... Dated this the 25th January, 2010 J U D G M E N T The case of the petitioner is that the respondents are much after the petitioner, seeking to realize arrears of tax in respect of the vehicle KL. 10/A-8482, invoking the machinery under the Revenue Recovery Act as borne by Ext.P1. According to the petitioner, he is not the owner of the vehicle bearing No.KL. 10/A-8482 and that the proceedings pursued by the respondents are not correct or sustainable, either on facts or in law. 2. The learned Government Pleader appearing for the respondents, on instruction, submits that the actual number of the vehicle owned by the petitioner was 'KL/10A -7884' and not KL 10/A- 8482. It is stated, because of an inadvertent mistake, the actual number of the vehicle happened to be shown as KL. 10/A-8482 in the requisition sent to the revenue authorities and the said mistake was perpetuated by the revenue authorities as W.P.(C) No. 36911 OF 2009 2 well, as evident from Ext.P1, referring to the vehicle as KL- 10A/-8482. It is also submitted by the learned Government Pleader that appropriate steps have already been taken to correct the number of the vehicle and to proceed with further steps. 3. In the above facts and circumstances, the respondents are not justified in proceeding against the petitioner on the basis of Ext. P1 notice referring to the vehicle bearing No.KL-10/A- 8482. As such, Ext.P1 is set aside, however without prejudice to the right of the respondents to proceed with appropriate steps on the basis of proper requisition to be obtained from the requisitioning authorities and after issuing proper notice as contemplated under the relevant provisions of the law . The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk