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. 27774 of 2005(F) -------------------------- PETITIONER: ------------ SUBY MOL ABRAHAM, CHERAYIL HOUSE, KOOMBANAPARA, ADIMALY, IDUKKI DISTRICT. BY ADV. SRI.K.G.CLEETUS RESPONDENTS: ------------- 1. REGIONAL TRANSPORT OFFICER, IDUKKI. 2. THE DEPUTY TAHSILDAR (R.R.), DEVIKULAM. 3. SHERIFF, S/O. MEERAN KUNJU, THELAYIL HOUSE, ADIMALY, IDUKKI DISTRICT. R1 AND R2 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 AGREEMENT DATED 21.7.1993 EXT.P2 TRUE COPY OF REVENUE RECOVERY DEMAND DATED 27.5.1999 EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 30.7.2005 EXT.P4 TRUE COPY OF LETTER NO. K2-4945/99 DATED 27.8.2005 EXT.P5 TRUE COPY OF THE COMPLAINT DATED 11.7.2005 BEFORE THE SUB INSPECTOR OF POLICE, ADIMALY. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 27774 OF 2005 -------------------------------------------- Dated this the 21st day of July, 2008 JUDGMENT Petitioner's case is that the vehicle was sold to third respondent and therefore recovery of motor vehicle tax has to be made from the third respondent. This Court vide order dated 1.12.2005 directed the 2nd respondent to proceed for recovery against third respondent and recover the arrears of tax. Petitioner was directed to produce copy of the interim order before the second respondent for compliance. It is not known whether arrears of tax is recovered from the third respondent and remitted to the RTO. If arrears of tax is not recovered from the third respsondent, then petitioner will be liable to pay arrears, as petitioner continues to be the registered owner and liable under Section 3(3) of the Motor Vehicle Taxation Act which authorises recovery of tax from the registered owner or the person in control and possession of the vehicle. W.P. is disposed of directing the second respondent to proceed for recovery against the petitioner, if recovery is snot already effected is terms of the interim order from the third 2 respondent. However, if the petitioner offers payment in three equal monthly instalments, there will be direction to second respondent to collect the amount in three equal monthly instalments, first of which will be paid on or before 20th of August, 2008 and the balance on or before 20th of two succeeding months. If petitioner commits default in payment of any instalment, the instalment facility granted herein with stand automatically vacated and respondents will be free to proceed for recovery of entire arrears due forthwith. (C.N. RAMACHANDRAN NAIR) Judge kk 3