IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 9147 of 2009(K) ------------------------- PETITIONER(S): 1 ---------------- P.A.THOMAS PLAKKAL HOUSE,MALA-PALLIPURAM THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): 1 ---------------- 1. SUB INSPECTOR OF POLICE,MALA, THRISSUR DISTRICT. 2. JOINT RTO KODUNGALLUR, THRISSUR DIST. BY GOVT PLEADER SRI P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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/