IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 OP.No. 2149 of 2001(E) ----------------------------- PETITIONER: ---------------- BAIJU.K., AGED 33 YEARS, S/O. T.G. KAMALASANAN, KAMALALAYAM, PARAYAKAD P.O, PIN – 688 540, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI. C.S. MANU RESPONDENTS: ------------------ 1. JOINT REGIONAL TRANSPORT OFFICER, CHERTHALA. 2. SRI. C.K. RAMESHAN, CHALARIYIL HOUSE, EZHUPUNNA SOUTH P.O, CHERTHALA. 3. DEPUTY TAHSILDAR (R.R.), CHERTHALA. 4. VILLAGE OFFICER, KUTHIATHODU VILLAGE, CHERTHALA. 5. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 2149/2001 Order on C.M.P.No.3629/2001 in OP.No. 2149/2001 Dismissed. 28.03.2008 Sd/- KURIAN JOSEPH, JUDGE. A P P E N D I X PETITONER'S EXHIBITS: EXT. P1 : COPY OF AGREEMENT OF SALE DT. 18.7.97 EXECUTED BY THE PETITIONER IN FAVOUR OF the 2ND RESPONDENT. EXT. P2 : COPY OF THE NOTICE DT. 18.7.97 IN FORM NO. 29 ISSUED BY THE PETITIONER. EXT. P2(a) : COPY OF THE REPORT DT. 18.7.97 IN FORM NO. 30 ISSUED BY THE PETITONER AND THE 2ND RESPONDENT. EXT. P3 : COPY OF the SCHEDULE OF HIRE RENTAL PAYMENTS ISSUED BY SAGAR FINANCE, NO.47, KALATHI PILLAI STREET, CHENNAI –600 079 TO THE 2ND RESPONDENT. EXT. P4 : COPY OF the MEMO BEARING NO.C1-KL-5/A 4771/2000 DT. 2.3.2000 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT. P5 : COPY OF the LETTER DT. 25.7.00 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT. P6 : COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE IST RESPONDENT. EXT. P7 : COPY OF THE DEMAND NOTICE BEARING Nos. K.DIS.B6.40116/2000 & B4-7/2001/MVT DT. 4.1.01 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. -------------------------------------- O.P. No. 2149 OF 2001 -------------------------------------- Dated this the 28th day of March, 2008. J U D G M E N T Petitioner is aggrieved by the recovery steps initiated against him in the matter of recovery of motor vehicle tax. According to him, he had sold the vehicle bearing No.KL-5/A-4741 to the second respondent on 18.07.1997 and hence he has no liability. On 19.01.2001, this Court permitted the respondents to proceed against the second respondent also. 2. In the above circumstances, this original petition is disposed of making it clear that in case the petitioner has still any grievance left or any dispute regarding the factual position as stated in the counter affidavit, he may approach the fifth respondent/workout his relief before the civil court against the second respondent, in which case, the time taken for prosecuting this original petition shall stand excluded while computing the period of limitation. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J O.P. No. 2149 OF 2001 J U D G M E N T 28.03.2008.