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 OP.No. 24558 of 2001(W) ----------------------- PETITIONER: ------------ BIJU.K.JOHN, KOZHIMANNIL HOUSE, KATTAPANA. BY ADV. SRI.MATHEW SEBASTIAN RESPONDENTS: ------------- 1. REGIONAL TRANSPORT OFFICER, IDUKKI. 2. TAHSILDAR, UDUMPANCHOLA TALUK, NEDUMKANDAM. 3. VILLAGE OFFICER, KATTAPANA. 4. JOSE, S/O.JOSEPH,. NAKKAZHIKATTU, VENGALLOOR, MANAKADU VILLAGE, THODUPUZHA. R1 TO R3 BY G.P. SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.40158/2001 IN OP NO.24558/2001 DISMISSED: 1.1.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE AGREEMENT DT.13.8.96. P2: TRUE COPY OF DEMAND NOTICE DT.14.5.98. P3: TRUE COPY OF REPRESENTATION DT.21.5.98 SUBMITTED BY PETITIONER TO R1. P4: TRUE COPY OF THE DEMAND NOTICE DT.8.6.2001. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.24558 of 2001 .................................................................... Dated this the 1st day of January, 2008. JUDGMENT The petitioner is challenging recovery proceedings for recovery of arrears of motor vehicle tax due in respect of a stage carriage for the last two quarters of 1997 and for the first quarter of 1998. Even though petitioner's case is that vehicle was sold in 1996 itself, registration remains in the name of the petitioner. The petitioner was given an opportunity to trace the vehicle and inform the Police for seizure of the same. Even though this order was passed on 24.3.2006, petitioner has obviously done nothing. Since petitioner is the registered owner on record, recovery is permissible under Section 3 of the Kerala Motor Vehicles Taxation Act. The O.P. is therefore dismissed leaving freedom to the respondents to proceed for recovery against the registered owner or the person in possession and control of the vehicle. It will be open to the petitioner to file suit against the purchaser for recovery of arrears of motor vehicle tax, if tax is recovered from him. C.N.RAMACHANDRAN NAIR Judge pms