P.A.Thomas Plakkal House vs Sub Inspector Of Police on 6 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9147 of 2009(K)


1. P.A.THOMAS PLAKKAL HOUSE,MALA-PALLIPURAM
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,MALA,
                       ...       Respondent

2. JOINT RTO KODUNGALLUR, THRISSUR DIST.

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :06/04/2009

 O R D E R
                   ANTONY DOMINIC,J.
                ---------------------
                 W.P.(C).No.9147 OF 2009
              ------------------------
            Dated this the 6th  day of April, 2009.

                         JUDGMENT

There are two grievances in this writ petition.

2. One is that the lorry bearing registration No.KL 8

AF 367 of which the petitioner is the registered owner,

was seized by the 2nd respondent, while carrying fly ash. It

is stated that there was no justification for the seizure and

on that ground, petitioner seeks its release. Government

Pleader on instructions submits that crime No.495/08 was

registered by the Mala Police Station against the petitioner

and that a report in that behalf has already been filed

before the Chief Judicial First Class Magistrate, Chalakkudy

If that be so the appropriate remedy available to the

petitioner is to approach that court and seek release of the

vehicle, which the petitioner may do.

WP(c).no.9147/09 /2/

3. The second grievance is his inability to pay tax in

respect of the vehicle, for the reason that the Registration

Certificate has been seized at the Cheque Post at Kolhapur for

the reason that the proof of payment of tax has not been

produced. The petitioner states that on account of the non-

availability of the registration certificate he is not in a position

to pay tax. In order to resolve this situation, I direct that the

2nd respondent shall accept the tax payable in respect of the

vehicle referred to above on a provisional basis with a

condition that it will be the duty of the Petitioner to produce

the RC within 4 weeks thereafter . It is directed that such an

endorsement will also be made on the receipt issued and if

RC is produced within the time, necessary endorsement will be

made.

Petitioner shall produce a copy of the judgment before

the 2nd respondent for compliance.

                                          (ANTONY DOMINIC)
                                                 JUDGE
vi/

WP(c).no.9147/09    /2/




                        (ANTONY DOMINIC)
                            JUDGE
vi/

WP(c).no.9147/09    /2/