IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 20876 of 2011(H) -------------------------- PETITIONER(S) :- ----------------------- N.V.SIVAN, S/O.VELAYUDHAN, NEDUVELY (H), THURAVOOR P.O., ANGAMALY. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S) :- ------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR TRANSPORT, TRIVANDRUM – 695 001. 2. THE REGIONAL TRANSPORT OFFICER, KOTHAMANGALAM, ERNAKULAM – 686 431. SR. GOVT. PLEADER SRI.JAMES MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.20876 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the order of Special CBI Court No.1, Ernakulam in Crl.M.P.1139/2009 dated 19.11.2009. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge S.SIRI JAGAN, J. ------------------------------------- WP(C) No.20876 of 2011 -------------------------------------- Dated this the 1st day of August, 2011 JUDGMENT The petitioner is the owner of a tanker lorry bearing registration No.KL-07-R2242. A case has been registered by the C.B.I. alleging that the said truck was filled with excess quantity of fuel. Proceedings are going on before the Special Judge, C.B.I., Ernakulam in respect thereof. By Ext.P1 order, the Special Judge has directed that since the original R.C book is in the custody of the Court, the certified copy of the same issued by the court shall be sufficient for all purposes under the Motor Vehicles Act as long as the vehicle is in the custody of the petitioner as per the order in Crl.M.P.No.1006/2009. The petitioner's grievance is that in spite of Ext.P1 order, the second respondent insists on the petitioner producing the original R.C. Book for accepting motor vehicle tax on the vehicle. The petitioner seeks the following relief:- “(i) A writ of mandamus or any other appropriate writ or order directing the respondents to accept the road tax of Tanker Lorry bearing Reg.No.KL-07 R2242, from the petitioner as long as the said vehicle is in the custody of the petitioner as per order of Special CBI Court No.I, Ernakulam in Crl.M.P.No.1006/2009 in R.C.No.12/A/2009 dated 23.10.2009.” WP(C) No.20876 of 2011 : 2 : I have heard the learned Government Pleader also. In view of the Ext.P1 order of the Special Judge, C.B.I, I do not think that the second respondent can insist on the production of the original R.C. Book for payment of tax in respect of the vehicle. Accordingly, this writ petition is disposed of directing the second respondent to accept tax on the basis of the certified copy of the R.C book issued by the court as directed in paragraph-4 of Ext.P1 judgment. S.SIRI JAGAN JUDGE dmb