IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 31168 of 2004(I) -------------------------- PETITIONER: ------------ SANTHOSH JOSEPH, MUPRAPPALLIL VELIYANNOOR P.O., REPRESENTED BY POWER OF ATTORNEY HOLDER K.K.THOMAS, KAINAMPARAMBIL, VELYANNOOR P.O., KOTTAYAM. BY ADV. SRI.P.DEEPAK RESPONDENTS: ------------- 1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KOTTAYAM. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, MEENACHIL. 3. T.C.BABU, CHOORANADU HOUSE, LALAM VILLAGE, PALA, KOTTAYAM. R1 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD R2 BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF AGREEMENT DT.8.10.2001. P2: TRUE COPY OF ORDER OF JFCM PALA DT.15.10.03 IN CRIME NO.458/02 OF PALA POLICE STATION. P3: TRUE COPY OF R.R. NOTICE DT.23.6.2003. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.31168 of 2004 .................................................................... Dated this the 1st day of January, 2008. JUDGMENT Even though petitioner stated that petitioner has sold the vehicle to third respondent in 1997, there is nothing to indicate that the permit is transferred to the third respondent. If vehicle is traceable, then of course petitioner should trace the vehicle and in that event second respondent will attach and sell the same and recover the arrears. However, if vehicle is not traced, recovery can be made from the petitioner being the permit holder. If defaulter is abroad, the Tahsildar will take steps for impounding his Passport and proceed for recovery. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms