IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 36630 of 2007(I) --------------------------------------- PETITIONER: --------------------- JOSEPH, S/O. AGASTHY, KUNNATHODU HOUSE, VALLAKKADAVU, KATTAPPANA. BY ADV. SRI.BINU PAUL RESPONDENTS: ------------------------ 1. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI. 2. PROPRIETOR, HIGRADE MOTOR FINANCE, MATHA BUILDING, KATTAPPANA. 3. P.K.SUDHAKARAN, PUTHENPURACKAL HOUSE, KATTAPPANA. 4. REGIONAL TRANSPORT OFFICER, IDUKKI. R1 & R4 BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH R2 BY ADV. SRI.SREELAL N.WARRIER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36630/2007 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE. EXT.P2; COPY OF THE COMPLAINT DTD. 12/01/2007 SUBMITTED BY THE PETITIONER TO THE SUB INSPECTOR OF POLICE. EXT.P3: COPY OF THE COMPLAINT DTD. 18/01/2007 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 36630 OF 2007 ----------------------------------------------- Dated this the 19th day of March, 2008 JUDGMENT In this Writ Petition the petitioner submits that he is the registered owner of a vehicle, who had availed of financial assistance from the 2nd respondent. According to the petitioner, the registration certificate is with the 2nd respondent and in the absence of which, tax payable on the vehicle is not accepted by the 4th respondent. It is stated that in the circumstances petitioner had approached the Consumer Grievances Redressal Forum and that there is no sitting the CGRF is not considering the complaint made by him. It is in this background the writ petition has been filed. 2. The 2nd respondent financier has entered appearance before this court and submits that, though it does not have the registration certificate in its possession, it has no objection for the 4th respondent accepting the tax from the petitioner. There is no representation on behalf of the 3rd respondent. WPC No. 36630 OF 2007 2 3. The fact that the petitioner is a registered owner of the jeep having registration No.KL 3B 7999 is not in dispute. The only issue is regarding the non-availability of the Registration Certificate. While the petitioner contends that the Registration Certificate is with the 2nd respondent, the 2nd respondent submits that it does not have the Registration Certificate book with it. It is on account of the absence of Registration Certificate that the petitioner is actually prevented from paying tax that is due. 4. The only course open to the petitioner in these circumstances is to obtain a duplicate copy of the Registration Certificate. However, until it materialises, I feel that the 4th respondent should accept tax in respect of the vehicle from the petitioner on a provisional basis. Accordingly, I direct that the 4th respondent shall accept tax due in respect of the jeep No.KL 3B 7999 from the petitioner on a provisional basis. It is directed that it will be the obligation of the petitioner to produce the Registration Certificate before the 4th respondent and obtain necessary endorsement thereon within six weeks. WPC No. 36630 OF 2007 3 5. Subject to the production of the Registration Certificate as above, the 4th respondent shall accept tax from the petitioner in respect of the vehicle mentioned above. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE ttb WPC No. 36630 OF 2007 4