IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 1512 of 2010(L) ------------------------------------- PETITIONER: ------------------- SALMA, W/O. ABOOBACKER, 35 YEARS, KURUTHOLAYIL HOUSE, KODUMUNDA POST, PATTAMBI, OTTAPALAM TALUK. BY ADVS. SMT.T.D.RAJALAKSHMI, SRI.R.SREEHARI. RESPONDENTS: ------------------------ 1. THE JOINT REGIONAL TRANSPORT OFFICER, OFFICE OF THE JOINT REGIONAL TRANSPORT OFFICER, PATTAMBI. 2. THE PROPRIETOR, KHATOER FINANCE, NO.57, ERULAPPAN STREET, 1ST FLOOR, SOWCARPET, CHENNAI – 600 079. R1 BY SR. GOVT. PLEADER SRI. K.S. MUHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1512/2010-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF MINI TIPPER LORRY KL 10 P 2865. EXT.P.2: COPY OF THE C.C.22/2008 FILED BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, PALAKKAD. EXT.P.3: COPY OF THE MEMO DTD. 21/06/2008 ISSUED BY THE R.1. DEMANDING PAYMENT OF VEHICLE TAX. EXT.P.4; COPY OF THE TAX LICENCE ISSUED BY THE R.1. IN RESPECT OF KL 10 P.286/5- MINI TIPPER LORRY. EXT.P.5: COPY OF THE PETITION DTD. 08/09/2009 FILED BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO.1512 OF 2010 ............................................ DATED THIS THE 22nd DAY OF JULY, 2010 JUDGMENT The petitioner is the registered owner of a Tipper Lorry (LGV) Mahindra and Mahindra bearing registration No. KL-10/P 2865. The second respondent is the financier in respect of the said vehicle. The vehicle was earlier subject to a hire purchase agreement, the amount of which has been fully paid by the petitioner. However, the second respondent did not return the original R.C.Book to the petitioner, nor did he issue a No Objection Certificate. Therefore, the petitioner has filed a petition before the Consumer Redressal Forum, Palakkad, which is pending. For the reason that the petitioner has not been able to produce a No Objection Certificate, he has not been issued with a Fitness Certificate till date. Consequently, he is not able to pay his vehicle tax. Therefore, the petitioner has not been able to ply the vehicle from 30.9.2006. As per Ext.P3 demand notice, the petitioner was directed to pay the vehicle tax. The petitioner has already paid the entire tax upto 31.12.2009. However, he submits that a Fitness Wpc 1512/2010 2 Certificate has not been issued to him, till date, nor has he been permitted to pay the tax for the subsequent period from 1.1.2010. The petitioner has submitted Ext.P5 representation before the RTO, Pattambi. However, the first respondent has not considered or disposed of the same, till date. Therefore, the petitioner seeks appropriate directions for the issue of appropriate orders on Ext.P5. The learned Senior Government Pleader has no objection to such a direction being issued. 2. In the above circumstances, this writ petition is disposed of directing the first respondent to consider Ext.P5 and to pass appropriate orders thereon, in accordance with law as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk