High Court Kerala High Court

Gopi Das.S.K vs The District Collector on 20 August, 2009

Kerala High Court
Gopi Das.S.K vs The District Collector on 20 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34674 of 2005(C)


1. GOPI DAS.S.K,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE DEPUTY TAHSILDAR (RR),

3. THE REGIONAL TRANSPORT OFFICER,

4. THE DISTRICT TRANSPORT OFFICER,

                For Petitioner  :SRI.R.DIVAKARAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :20/08/2009

 O R D E R
                   C.N. RAMACHANDRAN NAIR, J.
                   --------------------------------------------
                        W. P. C NO.34674 OF 2005
                   --------------------------------------------
                 Dated this the 20th day of August, 2009

                                 JUDGMENT

Petitioner is challenging recovery proceedings for recovery of

arrears of motor vehicle tax due in respect of a stage carriage of which

he was the registered owner. Admittedly the vehicle was purchased

with borrowed capital and at the request of the financier, the vehicle

was attached and sold by revenue recovery authorities. The vehicle

was seized by the recovery authorities on 8.6.2001 and the entire sale

proceeds were remitted to the Bank. It is height of irresponsibility on

the part of the recovery authorities not to have first recovered tax

arrears before remittance of balance amount to the financier-Bank. In

any case, as registered owner petitioner is liable to pay vehicle tax upto

date of sale of the vehicle unless exemption was granted for any period

in between. W.P.C. is disposed of directing the respondents to limit

recovery of arrears of tax from the petitioner upto 8.6.2001. Since

petitioner has a case that vehicle was sold, it is for the petitioner to

settle his dispute with co-owners in civil suit.

(C.N. RAMACHANDRAN NAIR)
Judge
kk

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