IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 WP(C).No. 161 of 2011(U) ------------------------ PETITIONER(S): --------------- REJI STEEPHEN, PALAMOOTTIL HOUSE, THENGELI MURI, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, VADAKARA. 2. THE SUB INSPECTOR OF POLICE, VADAKARA. BY GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.161 of 2011 ----------------------------------------- Dated this the 11th day of January, 2011 JUDGMENT The petitioner is the owner of a contract carriage. The said vehicle was seized by the Assistant Motor Vehicles Inspector, Vadakara on 30.12.2010 after the vehicle was intercepted and inspected. The vehicle is presently in the custody of the second respondent, Sub Inspector of Police, Vadakara. Ext.P6 is a copy of the report prepared by the Assistant Motor Vehicles Inspector after the inspection. The petitioner states that though on 31.12.2010 the petitioner approached the first respondent with a request for permission to compound the offence, till date the first respondent has not taken a decision thereon and has declined to release the vehicle after compounding the offence. In this writ petition the petitioner seeks a direction to the first respondent to compound the offence and to release the vehicle after accepting tax for one day. 2. The learned Government Pleader appearing for the first respondent submitted on instructions that the vehicle in question was found operating as a contract carriage with a fake number W.P(C).No.161 of 2011 -:2:- plate bearing registration No.KL-2 F 7952 affixed, that on enquiry it was found that the registration number is that of a motor bike belonging to Sri.Chandrabhanu, that the vehicle had no permit to operate as contract carriage or certificate of registration and was not even covered by a policy of insurance. The learned Government Pleader submitted that the petitioner had also not paid motor vehicles tax and that in view of the gross illegality committed by the petitioner Crime No.6 of 2011 of Vadakara Police Station has been registered against him for the offences punishable under sections 468 and 471 of the Indian Penal Code. In view of the said submission, as the petitioner is being prosecuted for the offences punishable under sections 468 and 471 of the Indian Penal Code, which are not compoundable offences, the relief prayed for by the petitioner cannot be granted. The writ petition fails and is accordingly dismissed with a direction to the competent authority among the respondents to finalise the investigation and to submit the final report expeditiously. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.161 of 2011 ---------------------------- JUDGMENT 11th January, 2011