IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 5887 of 2007(A) ------------------------------------ PETITIONER(S): ------------------------ KUNJU KOSHY, S/O.SCARIA, PEEDIKAYIL VEEDU, ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL SECRETARY TO GOVERNMENT MOTOR VEHICLE TAXATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, PATHANAMTHITTA. 3. TAHSILDAR (R.R.), ADOOR. 4. VILLAGE OFFICER, ADOOR VILLAGE. 5. BINU KOSHY, S/O.KUNJUKOSHY, MUKALAMPURATH, AGALI P.O., ATTAPPADY, PALAKKAD DISTRICT. GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5887/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE TAX RECEIPT, DT. 3.3.04. P2:- COPY OF THE TITLE DED OF THE PETITIONER'S PROPERTY SY. NOL; 888/5 OF ADOOR VILLAGE. P3:- COPY OF THE DEMAND NOTICE DT. 2.6.06. P4:- COPY OF THE NOTICE FOR ATTACHMENT OF LAND ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.5887 of 2007 ---------------------------------------------- Dated 5th November, 2008. J U D G M E N T Petitioner is aggrieved since steps have been initiated against him for recovery of motor vehicle tax due from the 5th respondent. 5th respondent is none other than the son of the petitioner. It is made clear that the petitioner or his assets shall not in any way be proceeded against for recovery of any dues from the 5th respondent. However, it will be open to the respondents 1 to 4 to proceed against the 5th respondent and his assets for recovering the tax. There will also be a direction to the respondents 1 to 4 to proceed against the vehicle KL-01/E 4633 and exhaust such steps against the vehicle within three months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.5887 of 2007 ---------------------------------------------- J U D G M E N T Dated 5th November, 2008.