IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8349 of 2005(R)
1. C.M.JEROM, CHERUPUZHAVILASOM VEEDU,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE TRANSPORT COMMISSIONER, OFFICE OF
3. THE SUPERINTENDENT OF POLICE (RURAL)
4. THE DEPUTY TAHSILDAR, REVENUE
5. THE REGIONAL TRANSPORT OFFICER,
6. ANIL KUMAR, BHADRA DRIVING SCHOOL,
7. ASHA, W/O.ANIL KUMAR, DO. DO.
8. SREE DEVI, W/O.LATE ASOKAN THAMPI,
For Petitioner :ARI.G.SUDHEER
For Respondent :SRI.AJITH KRISHNAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :29/08/2008
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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W.P.(C) No.8349 of 2005
---------------------------------
Dated, this the 29th day of August, 2008
J U D G M E N T
Challenge is against recovery of motor vehicles tax due for a
stage carriage bearing Registration No.KL-01 B 4113. Petitioner’s
case is that vehicle was sold to one Mr.Asokan Thampi, who is no
more. Legal representative is impleaded in the writ petition as
additional respondent. Learned Government Pleader submitted that
vehicle is repossessed by financier. If vehicle is in arrears of tax, it
can be attached, and the same should be released only if the
financier clears the arrears. In any case, since petitioner was the
registered owner of the vehicle during the period 01/01/1999 to
30/06/2000, recovery can be made from petitioner by virtue of
Section 3(3) of the Motor Vehicles Taxation Act. If petitioner has a
case that under the agreement for sale, purchaser has to pay the
arrears of tax, it is for him to approach the Civil Court for recovery.
The writ petition is closed as above.
(C.N.RAMACHANDRAN NAIR, JUDGE)
jg