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M.LATHEEF KUTTY, MANGALATHU PUTHEN VEEDU versus DEPUTY TAHSILDAR (R.R), TALUK OFFICE

High Court of Kerala

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M.LATHEEF KUTTY, MANGALATHU PUTHEN VEEDU v. DEPUTY TAHSILDAR (R.R), TALUK OFFICE - OP No. 4125 of 2002(N) [2006] RD-KL 2411 (4 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 4125 of 2002(N)

1. M.LATHEEF KUTTY, MANGALATHU PUTHEN VEEDU
... Petitioner

Vs

1. DEPUTY TAHSILDAR (R.R), TALUK OFFICE,
... Respondent

2. VILLAGE OFFICER,VALATHODU VILLAGE OFFICE

3. THE JOINT REGIONAL TRANSPORT OFFICER,

4. PRAKASH, S/O. SHAMBUDAS,AKASH BHAVAN,

For Petitioner :SRI.D.JAYACHANDRAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :04/12/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No.4125 OF 2002

Dated this the 4th day of December, 2006



J U D G M E N T

Challenge is on the recovery proceedings initiated against the petitioner for recovery of motor vehicles tax in respect of vehicle No.KL-01 A/4354. According to the petitioner he had already transferred the vehicle as per Ext.P1 agreement dated 18.10.1996. But in the counter affidavit it is stated that the petitioner had not surrendered the permit and R.C. book for effecting the transfer of ownership. If only transfer of ownership is endorsed based on the clearance certificate, petitioner is free from the liability to pay motor vehicles tax. Such steps having been not taken, petitioner cannot contend that the liability is that of the 4th respondent. Writ petition is hence dismissed without prejudice to the liberty to the petitioner to proceed against the 4th respondent.

(KURIAN JOSEPH, JUDGE)

ps O.P.No. :2:

KURIAN JOSEPH, J.

O.P.No.4125/2002

JUDGMENT

4th November, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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