The petitioner was the registered owner of the vehicle bearing No. KL-38A- 1581. According to the petitioner, the vehicle became unworthy for road and accordingly, it was dismantled and the R.C. Book was surrendered before the 1st respondent, along with Ext.P1 request for appropriate relief. This was followed by Ext.P2 representation dated 23.08.2013. But without any regard to the same, the petitioner is now served with Ext.P3 memo demanding a sum of ₹7,700/- stated as tax arrears from 1.7.2012 to 31.12.2014. The learned counsel for the petitioner submits that the petitioner is constrained to approach this Court only because of the fact that, it is a recurring liability and that the petitioner wants to purchase peace by having finality to the proceedings.
2. Heard the learned Government Pleader as well, who points out that Exts. P1 and P2 are documents produced by the petitioner only for the purpose of this case. The said proceedings W.P.C. No. 34637 of 2014 -2-
have never been filed before the concerned respondent; nor is there any endorsement showing the receipt. Absolutely no proof has been produced by the petitioner to substantiate the contention that the R.C. Book was surrendered at any point of time. In so far as the petitioner continues to be the registered owner of the vehicle, there is an adverse presumption as to the use of the vehicle and as such, the petitioner is liable to satisfy the due amount.
3. After hearing both the sides, the petitioner is directed to satisfy the liability covered by Ext.P3, which shall be done at the earliest, at any rate, within 'one month'. Subject to this coercive proceedings, if any, shall be kept in abeyance for the time being. No further/future liability shall be mulcted upon the petitioner in respect of the said vehicle.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps. The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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