IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 22844 of 2005(T) -------------------------- PETITIONER: ------------ P.MAMMED, S/O.ABDULLA, PULIYULLATHIL HOUSE, KEEZHOOR, MELAYD REPRESENTED THROUGH THE POWER OF ATTORNEY HOLDER, K.ABDUL RASHEED, S/O.ABOOBAKKAR, KALAMULLATHIL HOUSE, IRINGAL AMSOM DESOM, KOYILANDY, KOZHIKODE. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: 1 -------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT OFFICER CUM TAXATION OFFICER, THE REGIONAL TRANSPORT OFFICE, VADAKARA. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY OFFICE, VADAKARA. 4. T.MOHANDAS, S/O.NANU, MOOZHIKKAL, MANIYOOR, VADAKARA VIA, CALICUT DISTRICT. 5. K.K.BHASKARAN, PRABHIN NIVAS, MEPPAYOOR, KOYILANDY, CALICUT. R1 TO R3 BY G.P. SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KED 9234 EXT.P2 TRUE COPY OF THE AGREEMENT DATED 24.11.2000 EXT.P3 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN 4TH AND 5TH RESPONDENTS. EXT.P4 TRUE COPY OF THE INTIMATION DATED 28.5.2005 EXT.P5 TRUE COPY OF THE DEMAND NSOTICE DATED 19.4.2004 EXT.P6 TRUE COPY OF THE POWER OF ATTORNEY DATED 12.3.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 22844 OF 2005 -------------------------------------------- Dated this the 21st day of July, 2008 JUDGMENT Even though counsel for the petitioner submitted that petitioner has cleared the arrears, Government Pleader submitted that she has no instructions about discharge of liability. If arrears are still outstanding, recovery can be continued against the petitioner. W.P. is closed with the above observation. (C.N. RAMACHANDRAN NAIR) Judge kk 2