IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5825 of 2008(R)
1. M.MADHU, NADALYIL HOUSE, VALLIKUNNAM,
... Petitioner
Vs
1. THE JOINT REGIONAL TRANSPORT OFFICER,
... Respondent
For Petitioner :SRI.K.V.GOPINATHAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 5825 OF 2008 R
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Dated this the 19th day of February, 2008
J U D G M E N T
It is submitted by the learned counsel for the petitioner that
the stage carriage vehicle of which he is the registered owner was
stolen along with the RC Book and that the same was recovered
by the police. Thereafter the vehicle and the registration
certificate were produced before the Magistrate Court and the
vehicle has been entrusted to the petitioner on temporary
custody. However, the Registration Certificate is still in the
custody of the court. Meanwhile, petitioner tendered Motor
Vehicles Tax and that has not been accepted and petitioner also
complains that for this very same reason, fitness certificate is
also not issued.
2. Having regard to the fact that the Registration
Certificate is still in the custody of the court, it is beyond the
control of the petitioner to make available the Registration
WPC 5825/08
:2 :
Certificate. In the circumstances, I do not think that insistence of
production of Registration Certificate is justified.
3. Therefore, I direct that tax in respect of stage carriage
KL-04 R 9539 shall be accepted by the respondent. Respondent
shall also consider the request of the petitioner for issue of
fitness certificate in the light of the observations made herein
above.
Writ petition is disposed of as above.
ANTONY DOMINIC,JUDGE.
Rp