IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 6TH DECEMBER 2007 / 15TH AGRAHAYANA 1929 WP(C).No. 33603 of 2005(A) -------------------------- PETITIONER: ------------ RARICHANKUTTY, SARANGI, P.O.MADAKKALLUR, ATHOLY, KOYILANDY. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ------------- 1. THE DEPUTY TAHSILDAR, REVENE RECOVERY, REVENUE RECOVERY OFFICE, VADAKARA. 2. V.ASSANKUTTY HAJI, S/O.POKKER HAJI, VAZHIPOKKIL HOUSE, KUNNAMANGALAM, KOZHIKODE. 3. M.K.GIRIDHARAN, SMITHAGIRI HOUSE, PANTHALAYANI, KOYILANDY. 4. P.P.ASHISH, S/O.PARI, PALAMPARAMPATH HOUSE, PANTHEERANKAVU, P.O.GURUVAYURAPPAN COLLEGE, KOZHIKODE. R1 BY G.P. SMT. SMITHA SUKUMARAN BY ADV. SRI.O.D.SIVADAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 5.11.2005 EXT.P2 TRUE COPY OF THE SALE AGREEMENT DATED 14.5.2004 EXT.P3 TRUE COPY OF SALE AGREEMENT DATED 7.6.2004 EXT. P4 TRUE COPY OF THE SALE AGREEMENT DATED 4.10.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 33603 OF 2005 -------------------------------------------- Dated this the 6th day of December, 2007 JUDGMENT W.P. is filed challenging recovery proceedings for recovery of motor vehicle tax pertaining to a vehicle of which petitioner was the owner. This Court passed interim orders on two occasions to seize the vehicle and sell the same. If the vehicle is not seized and sold, then petitioner can be proceeded against, as the registered owner, under Section 3 of the Motor Vehicle Taxation Act is liable. W.P. is closed as above. (C.N. RAMACHANDRAN NAIR) Judge 2