IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1668 of 2010()
1. K.HAMZA,THAIPADATH HOUSE,OLAVANNA,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT OFFICER, KOZHIKOD
... Respondent
2. MUHAMMED,P.M,S/O.PUTHUKUDY USSAIN,
3. SHEREED.C.K,S/O.MUHAMMED,CHALIKUZHI,
4. SULAIMAN,S/O.MOIDEENKUTTY,
For Petitioner :SRI.O.D.SIVADAS
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :13/10/2010
O R D E R
C .N. RAMACHANDRAN NAIR, &
K. SURENDRA MOHAN, JJ.
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W. A. No. 1668 of 2010
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Dated this the 13th day of October, 2010
JUDGMENT
Ramachandran Nair, J.
We find no merit in the Writ Appeal because appellant is the
registered owner liable to pay motor vehicle tax, no matter tax could
be recovered from those in possession and control of the vehicle. If
vehicle is available and value of such vehicle is sufficient to cover the
tax liability, then certainly vehicle should be seized and sold. If
appellant gives particulars of the place where the vehicle is garaged,
then on production of this judgment, and such particulars by the
appellant to the Station House Officer of the police station within
whose jurisdiction, the vehicle is found available, the vehicle should be
seized by the Sub Inspector of Police, and handed over to the first
respondent for sale and recovery of tax. However, this direction will
not stand in the way of recovery of tax from the appellant, who is liable
as registered owner.
Writ Appeal is dismissed with the above direction.
(C.N.RAMACHANDRAN NAIR)
Judge.
(K. SURENDRA MOHAN)
kk Judge.
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