IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 1ST JUNE 2007 / 11TH JYAISHTA 1929 WP(C).No. 26660 of 2006(W) -------------------------- PETITIONER: ------------ P.MAMMAD, S/O. MOHAMMED, MALAYIL HOUSE, P.O.MORAYUR, MALAPPURAM DISTRICT. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: ------------- THE REGIONAL TRANSPORT OFFICER, MALAPPURAM. ADDL. RESPONDENTS: 2. TAHSILDAR, ERNAD TALUK, MANJERI. 3. VILLAGE OFFICER, MORAYUR, MALAPPURAM DISTRICT. (ADDL. RESPONDENTS ARE IMPLEADED VIDE ORDER DT.2.5.2007 IN I.A. 5854/2007) BY GOVERNMENT PLEADER SRI.MOHAMMED RAFFIQ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF CERTIFICATE DT.5.10.06 ISSUED BY THE S.I. OF POLICE KONDOTTY. P2: TRUE COPY OF REPRESENTATION DT.3.10.06 SUBMITTED BY PETITIONER BEFORE THE RESPONDENT. P3: TRUEC OPY OF INTIMATION/NOTICE IN FORM NO.16 DT.29.5.07. P4: TRUE COPY OF NOTICE OF SALE OF IMMOVABLE PROPERTY DT.19.3.07. RESPONDENT'S EXHIBITS: ANNEXURE R1(a): PHOTOCOPY OF ORDER DT.16.10.2006. TRUE COPY P.A. TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.26660 of 2006 .................................................................... Dated this the 1st day of June, 2007. JUDGMENT The issue raised i.e. liability for motor vehicle tax during custody of vehicle in police custody is squarely covered in favour of the petitioner vide Full Bench judgment of this court in REGIONAL TRANSPORT OFFICER V. ABDURAHIMAN (2007(1) KLT 613). The W.P. is accordingly allowed directing the RTO to grant exemption during the period vehicle was in police custody, irrespective of whether Form G is there or not and demand tax for the balance period, if any, within a period of ten days from the date of production of copy of this judgment by the petitioner. C.N.RAMACHANDRAN NAIR Judge pms