IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 5924 of 2007(E) ------------------------- PETITIONER(S): --------------- AJITHKUMAR P.A,S/O.P.K.ANIRUDHAN, PUTHENVEEDU, KOTTA P.O.,KARAKKAD DESOM(VIA)DESOM, KIDANGANNUR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.K.RAVEENDRAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, PATHANAMTHITTA. 2. THE SRI.RAM TRANSPORT FINANCE COMPANY LTD., REP. BY DIVISIONAL MANAGER SIBI SEBASTIAN, NEAR YMCA, CHITTOOR ROAD, COCHIN-11. 3. SIDDIQUE, YATHRA BODY BUILDERS,THODUPUZHA-685 584, IDUKKI DISTIRCT. FOR R1 BY G.P. SMT. SMITHA SUKUMAR FOR R2: ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON 31/05/2011 DELIVERED THE FOLLOWING: WP(C).No. 5924 of 2007(E) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REGISTRATION CERTIFICATE P2: COPY OF THE PERMIT IN RESPECT OF THE VEHICLE P3: COPY OF THE PERMISSION TO SUBSTITUTE THE VEHICLE DATED 21.03.06. //TRUE COPY// SM P.A. TO JUDGE S. SIRI JAGAN, J --------------------------------------- WP(C) No. 5924 of 2007 --------------------------------------- Dated this the 31st day of May, 2011 JUDGMENT The petitioner is the registered owner of Stage Carriage vehicle bearing No.KL 17D-2718 plying on the route Kozencherry - Chengannur as a substitute vehicle for a permit which was valid from 22.02.2005 to 21.02.2010. The vehicle was purchased on hire purchase agreement from the second respondent. Despite there being no arrears of hire purchase amount outstanding, when the respondents 2 & 3 tried forcefully to take possession of the vehicle, the petitioner obtained orders for police protection from this court in W.P.(C) No.33500/06 . But the original registration certificate is with second respondent and without the same the petitioner could not pay vehicle tax due. It is under the above circumstances, the petitioner had filed this writ petition seeking the following reliefs:- i. Issue a writ, direction or order commanding respondents 2 and 3 to hand over the original of the Registration Certificate of Stage WP(C) No. 5924 of 2007 -: 2 :- Carriage Vehicle No.KL 17-D 2718 to the petitioner in order to enable him to pay the motor vehicle tax and other dues to the Government forthwith. ii. Issue an interim direction to respondent No. 1 to accept the Motor vehicles Tax due and other dues in respect of the vehicle KL 17-D 2718 without insisting upon the production of the original certificate, pending disposal of the Writ Petition. iii.Such other or further reliefs which the petitioner may pray for from time to time and which this Hon'ble Court may deem fit and proper in the interests of justice. iv. Costs of the proceedings. When the matter was taken-up for hearing, learned Counsel for the petitioner submits that the validity of the permit having expired and therefore, the writ petition may be closed without prejudice to the right of the petitioner to approach this court again if necessity arises. Accordingly the writ petition is closed with the above liberty S. SIRI JAGAN, JUDGE