IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 32745 of 2009(K) -------------------------------------- PETITIONER: ------------------- N.K.ASHRAF, S/O. UMMER, NAMBAN KUNNATH HOUSE, IRINGALLUR, MALAPPURAM, REPRESENTED BY POWER OF ATTORNEY HOLDER, YAKOOB PARAPPAN, S/O. KAMMUKUTTY PRAPPAN HOUSE, KUTTALOOR, OORAGAM KIZHMURI.P.O., MALAPPURAM DISTRICT. BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENTS: ------------------------ 1. THE MANAGER, M/S. SHRIRAM TRANSPORT FINANCE CO. LTD., FIRST FLOOR, KOOTHRAT TOWERS, COURT ROAD, MANJERI-676 121. 2. THE REGIONAL TRANSPORT OFFICER, MALAPPURAM. 3. CONSUMER DISPUTES REDRESSAL FORUM, MALAPPURAM. R1 BY ADV. SRI.RAJESH NAMBIAR, R2 & R3 BY GOVT. PLEADER SRI. DILEEP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32745/2009-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT MADE IN W.P.(C).NO.25613/2008 DTD. 26/08/2008. EXT.P.2: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CDRF, MALAPPURAM AS C.C. NO.216/2008 DTD. 04/10/2008. EXT.P.3: COPY OF THE APPLICATION FILED ALONG WITH EXHIBIT P.2. BEFORE THE CDRF, MALAPPURAM TO RESTRAIN THE R.2. FROM ISSUING FRESH REGISTRATION CERTIFICATE. EXT.P.4: COPY OF THE PROCEEDINGS OF THE RTA, MALAPPURAM HELD ON 07/08/2007 RELATING TO ADDITIONAL ITEM NO. 51 (54). EXT.P.5: COPY OF THE PROCEEDINGS OF THE RTA, MALAPPURAM MADE ON 09/01/2009. EXT.P.6: COPY OF THE ORDER NO. C/71/09/CZ1 DTD. 09/06/2009 OF THE DEPUTY TRANSPORT COMMISSIONER. EXT.P.7: COPY OF THE JUDGMENT IN W.P.(C).29617/2009 DTD. 23/10/2009. EXT.P.8: COPY OF THE LETTER DTD. 30/06/2008 SENT BY THE R.1. TO THE R.2. EXT.P.9: COPY OF THE CIRCULAR NO. 31/89 ISSUED BY THE TRANSPORT COMMISSIONER PRESCRIBING GUIDELINES RELATING TO THE ISSUANCE OF DEMAND NOTICE AND COLLECTION OF M.V. TAX. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE ORDER OF THE CDRF, MALAPPURAM DTD. 19/03/2010. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 32745 OF 2009 (K) ===================== Dated this the 13th day of September, 2010 J U D G M E N T The first prayer in the writ petition is to direct the CDRF, Malappuram to take a decision on Ext.P2 complaint in CC 216/2008. Ext.R1(a) is the final order that has been passed by the CDRF, Malappuram in the complaint referred to above. and therefore, the first prayer has become infructuous. 2. The second prayer is to direct the 2nd respondent to keep in abeyance consideration of the application for issuance of fresh registration certificate filed by the 1st respondent till the disposal of CC 216/2008. Now that CC 216/2008 is disposed of as above, this prayer also does not survive for consideration. 3. The third prayer sought is to direct the 3rd respondent to adjudicate on the question of payment of tax on vehicle KL-10 P 2196 following the guidelines prescribed in Circular 31/89 issued by the Transport Commissioner. 1st respondent has no objection in the 2nd respondent adjudicating the question of payment of tax. Therefore, there will be a direction to the 2nd respondent to adjudicate on the question of payment of tax on WPC No. 32745/09 :2 : the aforesaid vehicle in the light of the Circular referred to above and in accordance with law. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp