V M ANTHROYOSE Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner is the owner of the stage carriage KL-5/N 902, operating on the route Kalkoonthal Kottayam. He proposes to transfer the said vehicle, along with its regular permit, in favour of the 3rd respondent herein. A joint application was filed for the transfer of the permit before the R.T.A., Idukki. The said application was allowed by the R.T.A., by Ext.Pl decision, subject to clearance of tax arrears in respect of the stage carriage KL-06/A 3299. The said order reads as follows:

(2.) The petitioner submits, the vehicle KL -06/A 3299 has been sold by him to one Mr. Moidu, S/o. Bava, Moolayil House, Pezhakkappilly, Mulavoor, Muvattupuzha. The arrears of tax relates to the period, after the vehicle was sold. When he was called upon to pay the tax in relation to the said vehicle, the petitioner approached this Court and this Court, by Ext.P2 order, directed the R.T.O., Idukki and the Deputy Tahsildar (Revenue Recovery), Kottayam to seize the vehicle and sell it in public auction, to realise the tax arrears of that vehicle. The petitioner submits, in view of the above position, there is no justification for imposing the impugned condition in Ext.P1. According to him, none of the provisions of the Motor Vehicles Act or the Rules framed thereunder, governing transfer of permits, authorises the R.T.A. to impose such a condition. The learned Counsel for the petitioner, in support of his submissions, relied on the decisions of this Court in Santakumari v. R.T.O., Kozhikode (1975 KLT 580) and Padmanabhan v. R.T.A., Kannur (1993(1) KLT 75). Though, those decisions relate to transfer of ownership of motor vehicles, the principles-laid down therein will apply to transfer of permits also, it is contended.

(3.) I heard the learned Government Pleader for the official respondents also. It is submitted by him that the vehicle KL-06/A 3299 could not be traced. The petitioner continues to be the registered owner of that vehicle. Therefore, he is liable to pay the tax. If the joint application for transfer is allowed, the same will have the effect of transferring one of the assets of the defaulter to a stranger. So, in public interest, the impugned condition was imposed, it is submitted.