IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 6559 of 2010(T) ------------------------- PETITIONER: --------------- PULIKKAL MOOSA, PULIKKAL HOUSE, P.O.KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT (TAXES), THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT OFFICER, MALAPPURAM. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.6559 of 2010-T ---------------------------- Dated this the 4th day of June, 2010. J U D G M E N T The petitioner has approached this Court seeking for the following reliefs: “i) issue a writ of certiorari or other appropriate writ, order or direction calling the records of original of Ext.P1 and quash the same; ii) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents to permit the petitioner to withdraw the amount of bank quarantee as per the endorsement in Ext.P4 registration certificate of the vehicle owned by the petitioner bearing registration No.KL-10P/7500 and to cancel the endorsement thereon; iii) issue such other reliefs which may deem fit and proper on the facts and circumstances of the case and allow this Writ Petition. 2. The grievance of the petitioner is that the petitioner when approached this Court earlier by filing O.P.No.6085 of 2003, the case was disposed as per Ext.P3 judgment dated 10.11.2006, observing that the amount already deposited by the petitioner towards entry tax pursuant to the interim order in C.M.P.No. 10785 of 2003, will be subject to the result of the SLP pending before the W.P(C) No.6559 of 2010-T 2 Supreme Court. 3. The learned counsel for the petitioner submits that the matter, which was pending before the Supreme Court is over and hence that the petitioner might be ordered to be given back the amount satisfied by the petitioner in respect of the vehicle No.KL 10-P 7500 covered by Ext.P4 registration certificate. 4. The learned Government Pleader appearing for the respondents submits that the matter which was pending before the Supreme Court as observed in Ext.P3 judgment is still to be finalised and as such, the prayer is not liable to be entertained; being pre- mature. 5. The learned counsel for the petitioner submits that by virtue of the above proceedings, the petitioner is not in a position even to transfer the ownership of the vehicle because of the objection stated as being raised from the part of the second respondent. The learned counsel also submits that the rights and liberties already given to the petitioner by virtue of Ext.P3 judgment might be permitted to be retained even on transfer of ownership of the vehicle. 6. The learned Government Pleader for the respondents W.P(C) No.6559 of 2010-T 3 submits that there is absolutely no objection in this regard. In the above circumstances, the Writ Petition is disposed of, making it clear that the petitioner is at liberty to transfer the ownership of the vehicle, if he desires. It is also made clear that the petitioner will be entitled to claim the refund, if any, in respect of the entry tax paid for the above vehicle subject to the outcome of the decision to be rendered by the Apex Court. P.R.RAMACHANDRA MENON JUDGE ab