IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 27194 of 2005(K) -------------------------- PETITIONER: ------------ VINESHMON.K.P., S/O.PONNAPPAN, KAITHATHIL VELIYIL, EAST KOMALAPURAM, AVALOOKUNNU, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ------------- 1. DEPUTY TAHSILDAR (RR), ALAPPUZHA. 2. VILLAGE OFFICER, KOMALAPURAM VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT. 3. REGIONAL TRANSPORT OFFICER, ALAPPUZHA. 4. BINU, S/O.PONNAPPAN, PERUMANA VEETTIL, KAITHATHIL VELIYIL HOUSE, ALAPPUZHA DISTRICT. BY GOVERNMENT PLEADER, SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27194/2005 APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE AGREEMENT, DATED 03.12.03 EXECUTED BETWEEN THE PETITIONER AND 4TH RESPONDENT. EXT. P2: COPY OF THE FIR IN CRIME NO.205/05 OF TOWN NORTH POLICE STATION, ALAPPUZHA. EXT. P3: COPY OF THE RR NOTICE ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. /TRUE COPY/ P.A. TO JUDGE JP C.N.RAMACHANDRAN NAIR, J. ------------------------------------------- W.P.(C).No.27194 of 2005 ------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT The petitioner is challenging recovery proceedings on the ground that the vehicle was sold. Government Pleader reported that the vehicle could not be traced. Petitioner has also not produced copy of Form 29 produced before the R.T.O. regarding sale of the vehicle. Further, it is seen that the purchaser namely the 4th respondent is the brother of the petitioner. Since the petitioner is the registered owner of the vehicle, I find no reason to interfere with the revenue recovery proceedings initiated against the petitioner because under Section 3(3) of the M.V. Taxation Act, registered owner is liable. The writ petition is accordingly dismissed. C.N.RAMACHANDRAN NAIR, JUDGE csl