IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 8402 of 2006(A) ------------------------- PETITIONER: ------------ T.V. ABDUL AZIZ, AGED 39 YEARS, S/O. BAVA, KALAPPURAYIL HOUSE, P.O. KANJIRAMUKKU, AMSOM, DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ------------- 1. REGIONAL TRANSPORT OFFICER, MALAPPLURAM DISTRICT. 2. DEPUTY TAHSILDAR (REVENUE RECOVERY) TALUK OFFICE, PONNANI, MALAPPURAM. 3. ABDUL RAHIMAN, S/O. BAPPI, VELLOOR HOUSE, P.O. PURANGU, AMSOM DESOM, MALAPPURAM DISTRICT, VIA KANJIRAMUKKU, PIN-679 584. BY ADV. SRI.RAJIT FOR R3 SRI.RANJIT BABU FOR R3 SMT.SMITHA, GOVERNMENT PLEADER FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8402/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF SALE AGREEMENT DATED 11/12/1995 ENTERED INTO BETWEEN THE PETITIONER AND R3. P2 : COPY OF INTIMATION SUBMITTED BY PETITIONER DATED 15/01/96 TO R1. P3 : COPY OF REVENUE RECOVERY NOTICE DATED 24/02/2006 ISSUED BY R2 TO PETITIONER. P4 : COPY OF NOTICE OF ATTACHMENT OF IMMOVABLE PROPERTY OF PETITIONER DATED 24/02/2006. P5 : COPY OF OBJECTION DATED 17/03/2006 SUBMITTED BY PETITIONER TO R2. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.8402 of 2006 --------------------------------- Dated, this the 7th day of August, 2008 J U D G M E N T Petitioner is challenging recovery proceedings on the ground that vehicle is sold to 3rd respondent. However, petitioner continues to be the registered owner. There was an interim order directing seizure of the vehicle. However, it is stated by learned Government Pleader that the vehicle could not be seized. If petitioner furnishes information regarding the vehicle, then there will be direction to the police to seize the vehicle and release it only on clearing the arrears of motor vehicle tax. However, if vehicle is not seized and arrears are not paid, then recovery can be made against petitioner as the registered owner of the vehicle, as provided under Section 3(3) of the Motor Vehicle Taxation Act. If full amount is recovered from 3rd respondent, the amount paid by petitioner will be refunded to him. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg