Kerala High Court
Mercy Antony vs Shamnad on 27 July, 2022
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
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
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
APPENDIX OF WP(C) 24173/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTRATION
DETAILS RELATING TO BUS NO.KL-34-C-
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
