IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 16384 of 2010(W) -------------------------- PETITIONER: --------------- SOBY GEORGE, S/O. KORA GEORGE, AGED 42 YEARS, PROPRIETOR, M/S.KALAGRUHAM MUSIC SCHOOL, FR.ABEL NAGAR, NELLIMATTOM, KOTHAMANGALAM. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. SRI.V.RAVEENDRAN RESPONDENTS: --------------- 1. JOINT REGIONAL TRANSPORT OFFICER, KOTHAMANGALAM. 2. DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE-II, ERNAKULAM. GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, ALONG WITH WPC NO. 14732 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 16384 OF 2010 -------------------------------------------- Dated this the 9th day of June, 2010 JUDGMENT The petitioner has approached this Court for issuing a writ of mandamus directing the respondents to release the vehicle No. KL-7K- 5650, if the tax for the quarter ending 30.06.2010 is paid. There is also another prayer to direct the 1st respondent to release the registration certificate of the vehicle to the petitioner after effecting the transfer of ownership in the name of the petitioner; the vehicle having been purchased by the petitioner from the previous owner by name Molly Johnson and the requisite documents have been produced. 2. The learned Government Pleader appearing for the respondents submits that, though the contention of the petitioner that the tax has already been cleared is correct, the petitioner is also liable to pay the fine under Section 192 A in respect of the offence, which in fact is compoundable, paying the compounding fee; besides the fine payable under relevant provisions of the Kerala Motor Vehicles Taxtion Act for plying the vehicle without paying the requisite tax. The learned Government Pleader also submits that the change of ownership has already been endorsed in the certificate of registration on 25.05.2010. 3. The learned counsel for the petitioner submits that the 2 WP(C) No. 16384/2010 petitioner has not committed any offence and that the matter is pending consideration before the 2nd respondent, in Ext.P5. 4. Considering the facts and circumstances, the petitioner is directed to satisfy the outstanding liability under protest; on which event, the first respondent is directed to release the vehicle as well as the certificate of registration pertaining to the vehicle bearing No. KL-7K-5650 to the petitioner forthwith. The 2nd respondent is directed to consider Ext.P5 and finalise the same after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the Writ Petition before the 2nd respondent, for further steps, in this regard. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc