ROMY THOMAS Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THE challenge is against the Revenue Recovery proceedings taken by the Revenue authorities, in respect of the arrears of tax under the Kerala Motor Vehicles Taxation Act pertaining to the lorry bearing No. KL7 K 4307 for the period in question.

(2.) ACCORDING to the petitioner, though the petitioner was owner of the lorry, he sold it to the 3rd respondent on 07/07/2009, after giving credit to the existing liability to the tune of Rs.1,75,000/- payable to the financier (who however has not been chosen to be impleaded in the party array). According to the petitioner, the third respondent did not honour the commitment in effecting the balance payment to the financier or as to the remittance of tax to the Departmental authorities, which made the petitioner to file a private complaint, leading to registration of Crime No. 848 of 2011 of Puthoor Police Station. The investigation in the the said crime is over and charge sheet is filed before the Judicial First Class Magistrate's Court I, Kottarakkara.

(3.) WHEN the matter came up for consideration before this Court on 05.07.2012, the coercive proceedings were intercepted, on condition that, the petitioner deposited a sum of Rs. 5,000/- within ten days, which is stated as complied with. It also remains a fact that, despite completion of service of notice, the third respondent has not chosen to appear before this Court.