IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 OP.No. 31078 of 2001(Y) ------------------------------- PETITIONER: ---------------- S.A. KARIM, KARIM MANZIL, MUKKOLO, VEMBAYAM P.O, THIRUVANANTHAPURAM. BY ADV. SRI. B.S. SWATHY KUMAR RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, TRIVANDRUM 2. THE JOINT REGIONAL TRANSPORT OFFICER, NEDUMANGADU. 3. THE MAHINDRA HIRE PURCHASE FINANCE LTD., REP. BY ITS MANAGER, HUFS BUILDING, OPP. S.N. CENEMA, KILIMANOOR P.O., THIRUVANANTHAPURAM. 4. AUGUSTINE G., PUNNANINNA PUTHEN VEEDU, PAZHAYAKALA, THIRUPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP GOVERNMENT PLEADER SRI. K.V. MANOJ. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 31078 of 2001(Y) Order on C.M.P.No.50578/2001 in OP.No. 31078/2001 Dismissed. 28.03.2008 Sd/- KURIAN JOSEPH, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the SALE DEED DT. 10.3.94 EXECUTED BY THE PETITIONER AND the 4TH RESPONDENT. EXT. P2 : COPY OF CERTIFICATE ISSUED BY N.C BABU, AUTHORISED SIGNATORY OF MAHENDRA HIRE PURCHASE FINANCE LTD. DATED 14.11.95. EXT. P3 : COPY OF NOTICE NO.R-11-51236/2001 DATED 13.9.01 ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM TO THE PETITIONER. EXT. P4 : COPY OF NOTICE NO. R.11-51236/01 DT. 24.9.01 ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM TO THE PETITIONER. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. -------------------------------------- O.P. No. 31078 OF 2001 -------------------------------------- Dated this the 28th day of March, 2008. J U D G M E N T Petitioner is aggrieved by the recovery steps in the matter of motor vehicle tax. In view of the stand taken in the counter affidavit that the vehicle had not actually been transferred in favour of the purchaser and that the intimation regarding the sale received in the office only after 7½ years, and that registered owner had not surrendered the permit or applied for clearance certificate, this original petition is dismissed without prejudice to the liberty to the petitioner to move the Government in case there is any factual dispute as to the statements contained in the counter affidavit. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J O.P. No. 31078 OF 2001 J U D G M E N T 28.03.2008.