IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 34760 of 2005(K) -------------------------- PETITIONER: ------------ KOLAMMAL, W/O.VELAYUDHAN PILLAI, TC.40/820, "RAJEEVAM", SREEVARAHAM, MANACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.M.AJITH RESPONDENTS: ------------- 1. THE DEPUTY TAHASILDAR(REVENUE RECOVERY) THIRUVANANTHAPURAM. 2. DISTRICT EXECUTIVE OFFICER, KERALA STATE MOTOR TRANSPORT WELFARE FUND BOARD, THIRUVANANTHAPURAM. BY SHRI.K.HARILAL, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 34760/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF REVENUE RECOVERY NOTICE DATED 16/07/2005. RESPONDENT'S EXHIBITS R2(a) : COPY OF ACKNOWLEDGEMENT CARD DATED 01/12/2004. R2(b) : COPY OF ACKNOWLEDGEMENT CARD SIGNED BY PETITIONER DATED 31/03/2005. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ----------------------------------- W.P.(C) No. 34760 of 2005 ------------------------- Dated, this the 11th day of January, 2008 J U D G M E N T Petitioner is challenging recovery proceedings on the ground that petitioner is not the operating owner of the bus. Even as registered owner no provisional determination or final determination orders are issued to her is her case. However, learned standing counsel for 2nd respondent relied on Exts.R2(a) and (b) documents to prove service of provisional determination order and final determination order on petitioner. Admittedly, petitioner’s son is the operating owner of the vehicle and therefore, liability is on petitioner or on her son. Petitioner has not made the operating owner, namely her son, as a party in the writ petition. This writ petition, therefore, filed by making false statements, is dismissed as devoid of any merit or bonafide. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg