IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 5825 of 2008(R) ------------------------- PETITIONER: --------------- M.MADHU, NADALYIL HOUSE, VALLIKUNNAM, MEENATHU WARD, MAVELIKKARA, ALAPPUZHA DIST. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT: --------------- THE JOINT REGIONAL TRANSPORT OFFICER, MAVELIKKARA. BY GOVT.PLEADER SRI.TEKCHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 5825 OF 2008 R ==================== Dated this the 19th day of February, 2008 J U D G M E N T It is submitted by the learned counsel for the petitioner that the stage carriage vehicle of which he is the registered owner was stolen along with the RC Book and that the same was recovered by the police. Thereafter the vehicle and the registration certificate were produced before the Magistrate Court and the vehicle has been entrusted to the petitioner on temporary custody. However, the Registration Certificate is still in the custody of the court. Meanwhile, petitioner tendered Motor Vehicles Tax and that has not been accepted and petitioner also complains that for this very same reason, fitness certificate is also not issued. 2. Having regard to the fact that the Registration Certificate is still in the custody of the court, it is beyond the control of the petitioner to make available the Registration WPC 5825/08 :2 : Certificate. In the circumstances, I do not think that insistence of production of Registration Certificate is justified. 3. Therefore, I direct that tax in respect of stage carriage KL-04 R 9539 shall be accepted by the respondent. Respondent shall also consider the request of the petitioner for issue of fitness certificate in the light of the observations made herein above. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp