IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 OP.No. 12656 of 2003(F) ----------------------- PETITIONER: ------------ 1. P.D. JOSEPH, S/O. DEVASSY, AGED 40 YEARS, PALLUPETTAYIL HOUSE, ANAVARATTY P.O. (VILLAGE) DEVIKULAM TALUK, IDUKKI DISTRICT. 2. M.K. MATHAI, AGED 60 YEARS, MAPPANIKKATTU HOUSE, ADIMALY KARA, MANNAMKANDOM VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.PADAYATTEE YELDO RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE REGIONAL TRANSPORT AUTHORITY, IDUKKI, KERALA MOTOR VEHICLES DEPARTMENT, CIVIL STATION, KUYILIMALA. 2. MR. C.V. ABRAHAM, AGED ABOUT 60 YEARS, CHENATTUKUDIYIL HOUSE, PIRAVAM KARA, MUVATTUPUZHA BHAGOM, ERNAKULAM DISTRICT. BY ADV. SRI.K.SURENDRA MOHAN FOR R2 SRI.T.K.RAJESHKUMAR FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 21656 OF 2003 IN OP 12656 OF 2003 DISMISSED 29.2.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOSTAT COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE NO. KLI 6525 EXT.P2 PHOTOSTAT COPY OF THE AGREEMENT DATED 18.8.95 EXT.P3 PHOTOSTAT COPY OF THE APPLICATION DATED 18.8.95 EXT.P4 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE TAHSILDAR, DEVIKULAM DATED 20.3.2001 EXT.P5 TRUE COPY OF THE RECEIPT DEPOSITING RS. 5693 DATED 24.3.2001 EXT.P6 TRUE COPY OF THE RECEIPT DEPOSITING RS. 1329 DATED 25.4.2001 EXT.P7 TRUE COPY OF THE RECEIPT DEPOSITING RS. 1329 DATED 29.5.2001 EXT.P8 TRUE COPY OF THE RECEIPT DEPOSITING RS. 1329 DATED 21.6.2001 EXT.P9 TRUE COPY OF THE RECEIPT DEPOSITING RS. 1329 DATED 24.7.2001 EXT.P10 TRUE COPY OF THE RECEIPT DEPOSITING RS. 1329 DATED 23.8.2001 EXT.P11 TRUE COPY OF THE RECEIPT DEPOSITING RS. 1329 DATED 18.9.2001 EXT.P12 TRUE COPY OF THE RECDEIPT DEPOSITING RS. 1329 DATED 23.10.2001 EXT.P13 TRUE COPY OF THE RECEIPT DEPOSITING RS. 1329 DATED 24.11.2001 EXT.P14 TRUE COPY OF THE RECEIPT DEPOSITING RS. 1329 DATED 24.12.2001 EXT.P15 TRUE COPY OF THE RECEIPT DEPOSITING RS. 1323 DATED 21.1.2002 EXT.P16 TRUE COPY OF THE REPRESENTATION DATED 22.1.2002 EXT.P17 TRUE COPY OF THE DEMAND NOTICE ISSUED ON 22.1.2002 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 12656 OF 2003 -------------------------------------------- Dated this the 29th day of February, 2008 JUDGMENT The challenge is against recovery proceedings for recovery of arrears of motor vehicle tax due in respect of a lorry bearing registration No. KLI 6525, of which petitioner was the registered owner. According to the petitioner, vehicle was sold to the second respondent in 1995. However, petitioner does not appear to have furnished statutory form before the RTO to record the transfer in the register. Since registered owner or the person in possession and control of the vehicle is liable to clear the arrears of tax, recovery can be made from the petitioner, who is the registered owner. If registration is not transferred in terms of the sale agreement then petitioner's remedy is to file a civil suit for recovery of arrears from the purchaser. Moreover, if the vehicle is traced, petitioner can get the vehicle seized through police and then it will be released to the owner only after clearing the arrears. Since petitioner is the registered owner, O.P. is disposed of leaving freedom to the respondents to proceed for recovery against the 2 petitioner. However, recovery should be limited to the balance amount due after giving credit for the payments already made by the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 3