High Court Kerala High Court

K.Pradeepan vs The District Collector on 23 July, 2008

Kerala High Court
K.Pradeepan vs The District Collector on 23 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8715 of 2005(K)


1. K.PRADEEPAN, AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE DY. TAHSILDAR,

3. THE REGIONAL TRANSPORT OFFICER,

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :23/07/2008

 O R D E R
                  C.N.RAMACHANDRAN NAIR, J.
                         ----------------------
                      WP(C) No.8715 of 2005
                  ------------------------------------
              Dated, this the 23rd day of July, 2008

                           J U D G M E N T

Petitioner is challenging recovery proceedings for recovery of

arrears of motor vehicle tax due for a vehicle bearing registration

No.KRE-3740 on the ground that vehicle was sold to another

person, who is not made a party in this writ petition. Learned

Government Pleader submitted that petitioner continued as

registered owner of the vehicle. Recovery of motor vehicle tax has

to be made from the registered owner, or from the person who is in

possession and control of the vehicle, as provided under Section 3

of the Kerala Motor Vehicle Taxation Act. Accordingly, the writ

petition is disposed of directing 3rd respondent to verify whether

petitioner is a registered owner and if so proceed for recovery of

arrears of tax from petitioner, and if not, proceed against the actual

registered owner. Petitioner will produce copy of the judgment and

furnish available records before 3rd respondent for him to take a

decision and intimate the same to the RR authorities to proceed for

recovery against the registered owner.

(C.N.RAMACHANDRAN NAIR, JUDGE.)
jg