IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 27287 of 2008(W) --------------------------------------- PETITIONER: ------------------- SAJIMON.V.J., S/O.JOHN.K., VADAKKOTTU THARAPPEL, NEEZHOOR P.O., VAIKOM, NOW RESIDING AT KALATHIKOTTIL (H), PALAKARA, KADUTHURUTHY P.O., KOTTAYAM. BY ADV. SRI.M.RAMASWAMY PILLAI, ADV. SRI.P.M.JOSEPH. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MOTOR VEHICLES DEPARTMENTS, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. 3. THE JOINT REGIONAL TRANSPORT OFFICER, VAIKOM. 4. THE REGIONAL TRANSPORT OFFICER, IDUKKI. 5. SREE RAM TRANSPORT FINANCE COMPANY LTD., ADMINISTRATIVE OFFICE AT MOOKAMBIKA COMPLEX, 3RD FLOOR NO.IV, LADY DESLKA ROAD, MYLAPORE, CHENNAI, REPRESENTED BY V.K.SUNIL KUMAR, BRANCH MANAGER, GEETHA COMMERCIAL COMPLEX, KOTTAYAM. R1 TO R4 BY GOVT. PLEADER SMT. M.R. SREELATHA, R5 BY ADV. SRI.C.HARIKUMAR, ADV. SRI.ARAVINDA KUMAR BABU T.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27287/2008-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SEIZURE REPORT DTD. 10/05/2006 ISSUED BY THE R.4. EXT.P.2: COPY OF THE JUDGMENT DTD. 15/06/2007 IN W.P.(C).NO.7716/07 ON THE FILE OF THIS HONOURABLE COURT. EXT.P.3: COPY OF THE REMITTANCE DETAILS ISSUED BY THE TAHSILDAR, VAIKOM DTD. 26/02/2008. EXT.P.4: COPY OF THE INTERIM ORDER DTD. 29/04/2008. EXT.P.5: COPY OF THE BOND DTD. 05/05/2008 EXECUTED BY THE PETITIONER BEFORE THE R.3. EXT.P.6: CP, REPRESENTATION DTD. 25/07/2008 SUBMITTED BY THE PETITIONER TO THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.27287 of 2008 ------------------------- Dated this the 27th day of November, 2008. JUDGMENT The petitioner is the registered owner of a tourist bus bearing Registration No.KL-2F-3681. It was the subject matter of a hire purchase agreement with the 6th respondent. It seems that there was a dispute between the parties as to whether the amount has been paid. In the meanwhile, the vehicle was seized for non-payment of the amount under the Motor Vehicles Taxation Act. The petitioner submits that pursuant to the directions issued in W.P.(C)No.7716/07, as evidenced by Ext.P2, he has remitted the amount due under the Motor Vehicles Taxation Act. It seems that the 6th respondent has preferred a complaint against the petitioner under Section 138 of the Negotiable Instruments Act and has also initiated proceedings under the Arbitration and Conciliation Act. The petitioner now seeks permission to dismantle the vehicle, so that he can sell the same as scrap. Further reference is made to the pendency of W.P.(C)No.13536/08 filed by the petitioner challenging the demand under the Motor Vehicles Taxation Act and the direction issued by this court for release of the vehicle to the petitioner on execution of a bond. Ext.P6 is a representation pending before W.P.(C).NO.27287/08 :: 2 :: the competent authority, containing a request by the petitioner for permission to dismantle the vehicle. 2. I heard learned counsel for the petitioner, learned counsel for the 6th respondent and learned Government Pleader. 3. It is open to the 3rd respondent to consider the plea for dismantling the vehicle subject to the provision relating to the payment of balance amount if any due from the petitioner under the Motor Vehicles Taxation Act. The 6th respondent shall also be heard in this regard. The 3rd respondent shall, therefore, pass final orders, after hearing the petitioner, on Ext.P6 within a period of one month from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy//