IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23041 of 2005(R)
1. E.K.VIMAL KUMAR,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT OFFICER,
... Respondent
2. THE DEPUTY TAHSILDAR,
3. M.MUSTHAFA,
For Petitioner :SRI.V.V.SURENDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :21/07/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W.P.C. NO. 23041 OF 2005
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Dated this the 21st day of July, 2008
JUDGMENT
Petitioner is challenging recovery proceedings for recovery of
arrears of motor vehicle tax due in respect of a vehicle bearing
registration No. KL-C-7803, which according to the petitioner, was
sold to third respondent. However, Government Pleader submitted that
registration continues in the name of the petitioner and petitioner is
liable to pay tax under Section 3(3) of the Motor Vehicle Taxation Act.
Counsel for the petitioner submitted that petitioner has filed suit for
recovery of the amount and the third respondent has deposited the
amount in court. It is for the petitioner to get the amount released from
the court and remit the same with the motor vehicle department for
adjustment towards arrears of tax. However, if the amount is not paid
by the petitioner, recovery can be continued against the petitioner, as
petitioner is the registered owner of the vehicle. Petitioner is given two
months’ time to withdraw the amount if required with permission of
court and deposit it before the RTO, and if payment is not made within
2
two months, recovery can be continued against the petitioner. If
petitioner produces copy of this judgment before the civil court, the
court will pass orders on the application for release of the amount
without any delay.
W.P. is disposed of as above.
(C.N. RAMACHANDRAN NAIR)
Judge
kk
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