IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 11098 of 2004(U) -------------------------- PETITIONER: ------------------ V.K.HAMSA, S/O. KUNJIKADAR HAJI, VETTATHIL PARAMBIL, ERIYAD. BY ADV. SMT.N.SUDHA DEVI RESPONDENTS: ---------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, KODUNGALLUR 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KODUNGALLUR. 3. ASWAN.A.R. S/O. RAVEENDRAN, AMBALAPARAMBIL HOUSE, AZHEECKAL P.O., NEAR BHADRAVATHI TEMPLE, VYPIN. 4. THE CIRCLE INSPECTOR OF POLICE, KODUNGALLUR. R1,R2 & R4 BY GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11098 of 2004(U) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF AGREEMENT DATED 27.10.1988 BETWEEN THE PETITIONER AND THE 3RD RESPONDENT. P2 : COPY OF THE LETER OF THE PETITIONER DATED 10.12.2003 P3 : COPY OF DEMAND NOTICE DATED 8.3.2004. RESPONDENTS' EXHIBITS: N I L // TRUE COPY // P.A. TO JUDGE. app/- C.N.RAMACHANDRAN NAIR, J - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.11098 of 2004 - - - - - - - - - - - - - - - - - - - - - - ------------- Dated this the 19th day of August, 2009 J U D G M E N T Petitioner, the owner is liable to pay arrears of Motor Vehicle tax under section 3(2) of the Motor Vehicle Taxation Act. Since recovery is also permissible from the person who is in control and possession of the vehicle and since the petitioner claimed sale of the vehicle in the interim order dated 31.3.2004 this Court ordered recovery of possession and sale of the vehicle. It is not known, whether the petitioner produced the interim order and got any action taken. If tax is not recovered, pursuant to the interim order, then tax could be recovered from the petitioner who is the registered owner. O.P. is therefore dismissed. C.N.RAMACHANDRAN NAIR, JUDGE app/-