IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 24173 OF 2022
PETITIONER:
MERCY ANTONY,
W/O. ANTONY, NILAKAL HOUSE
RAMAPURAM BAZAR P.O.,
KOTTAYAM DISTRICT - 686 576.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
ANJALY T.A
RESPONDENTS:
1 SHAMNAD,
S/O.SHAMSUDEEN, KALLIPPARAMBIL HOUSE,
MATHILAKAM P.O., KODUNGALLUR,
THRISSUR DISTRICT - 680 685.
2 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE,
THERUATH BUILDING, UZHAVOORMONIPALLY ROAD,
UZHAVOOR, KOTTAYAM DISTRICT, PIN - 686 634.
3 THE TRANSPORT COMMISSIONER,
TRANS TOWER, VAZUTHACADU,
THIRUVANANTHAPURAM - 695 014.
4 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT SECRETARIAT TRIVANDRUM-695 001.
By DR. THUSHARA JAMES (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24173 OF 2022
2
JUDGMENT
The petitioner has approached this court seeking the following reliefs:-
(i) Issue a writ of mandamus or any other appropriate writ or order commanding the 2 nd respondent to seize the vehicle mentioned in Ext.P1 from the 1st respondent invoking the provisions of Section 13(2) of the Kerala Motor Vehicle Taxation Act, 1976 and to realize the arrears accrued on the Ext.P1 vehicle from the 1st respondent by sale of the vehicle.
(ii) To pass such other orders or reliefs as this Honourable Court deems fit in the interest of justice.
2. It is the case of the petitioner that the petitioner had entered into an agreement with the 1 st respondent under which a vehicle bearing registration No.KL-34-C-2700, belonging to the petitioner, was handed over to the 1st respondent. It is stated that one of the conditions upon which the vehicle was handed over to the 1 st respondent is that the 1st respondent will duly discharge the liabilities to the finance company in terms of the loan agreement executed by the petitioner for availing a loan to purchase the vehicle. It is submitted that the 1 st respondent has WP(C) NO. 24173 OF 2022 3 committed default in making payments to the finance company and going by the terms of the agreement between the petitioner and the 1st respondent, the petitioner is entitled to repossess the vehicle. It is submitted that owing to the obstruction caused using goondas, at the instance of the 1st respondent, the petitioner has not been in a position to repossess the vehicle. In the meanwhile the petitioner has been served with a demand for payment of motor vehicle tax. The petitioner has approached this court seeking the aforesaid reliefs stating that the Motor Vehicle Department is entitled to seize a vehicle for failure to remit the motor vehicle tax.
3. Having heard the learned counsel for the petitioner and the learned Senior Government Pleader, I am clearly of the view that the steps to be taken to recover the motor vehicle tax on default being committed is a matter is entirely within the purview of official respondents. The private dispute between the petitioner and the 1 st respondent cannot be resolved by issuing a Mandamus to the official respondents to take possession of the vehicle. I make it clear that it will be open to the respondents to seize WP(C) NO. 24173 OF 2022 4 the vehicle if they decide to do so. However, a mandamus cannot be issued for the same. Accordingly this writ petition is dismissed.
Sd/-
GOPINATH P.
JUDGE DK WP(C) NO. 24173 OF 2022 5 APPENDIX OF WP(C) 24173/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTRATION DETAILS RELATING TO BUS NO.KL-34-C- 2700 Exhibit P2 A TRUE COPY OF THE AGREEMENT ENTERED BETWEEN THE 1ST AND 2ND RESPONDENT DATED 28.07.2018 Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE DATED 06.05.2022 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE PETITIONER Exhibit P4 A TRUE COPY OF THE REQUEST DATED 31.05.2022 FILED BY THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT