IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 26596 of 2010(Y) ---------------------------------- PETITIONER(S): ------------------- 1. M/S.INDIA CEMENTS CAPITAL LIMITED, 827 ANNA SALAI, DHUN BUILDING,CHENNAI-2, REPRESENTED BY SHRI.R.RAJAGOPAL, AUTHORISED SIGNATORY-COCHIN. 2. THE BRANCH MANAGER, M/S.INDIA CEMENTS CAPITAL LIMITED, SASTRI ROAD,KOTTAYAM. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------------- 1. THE REGIONAL TRANSPORT OFFICER, KOTTAYAM - 686 003. 2. STATE OF KERALA REPRESENTED BY THE SECRETATRY TO GOVERNEMNT,TRNSPORT DEPARTMENT, GOVERNMENT SECRETRIAT,THIRUVANANTHAPURAM-695 001. 3. SINDHU ABRAHAM, VANILKAPURAKKAL HOUSE, MOOLAVATTOM P.O., KOTTAYAM- 686 026. 4. V.K.ABRAHAM, VANILKAPURAKKAL HOUSE, MOOLAVATTOM P.O., KOTTAYAM - 686 026. R1-2 BY GOVERNMENT PLEADER SRI. S. ABDUL SALAM R4 BY ADV. SRI.LIJI.J.VADAKEDOM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 26596/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AWARD DATED 25/03/2008 P2: COPY OF THE APPLICATION DATED 30/07/2007 SUBMITTED BY THE PETITIONER FOR ISSUANCE OF CERTIFICATE OF REGISTRATION. P3: COPY OF G-FORM SUBMITTED BY THE 3RD RESPONDENT DATED 28/02/2007. P4: COPY OF G-FORM SUBMITTED BY THE 3RD RESPONDENT DATED 04/04/2007. P5: COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 06/06/2008. P6: COPY OF THE COMMUNICATION DATED 13/05/2009 ISSUED TO THE 3RD RESPONDENT. P7: COPY OF THE JUDGMENT DATED 02/03/2010 IN WPC.NO.1900/2010 P8: COPY OF THE COMMUNICATION OF THE R.T.O. DATED 25/05/2010 P9: COPY OF THE COVERING LETTER ALONG WITH THE DEMAND DRAFT DATED 10/06/2010. P10: COPY OF THE REQUEST DATED 29/06/2010 MADE BY THE PETITIONER. P11: COPY OF THE REQUEST MADE BY THE PETITIONER DATED 21/07/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26596 OF 2010 -------------------------- Dated this the 18th day of July, 2011 J U D G M E N T The first petitioner is a company registered under the Companies Act engaged in the business of extending financial assistance to prospective customers to purchase motor vehicles. The second petitioner is the Branch Manager of the first petitioner's branch at Kottayam. The third respondent had availed financial assistance from the petitioners to purchase a contract carriage bearing registration No.KL-05 P-9703. When the repayment instalments were defaulted, the second petitioner repossessed the vehicle on 7.5.2007 pursuant to the orders passed by the Honourable High Court of Madras. The petitioners thereafter filed Ext.P2 application dated 30.7.2007 before the first respondent for the issuance of a fresh certificate of registration. In the meanwhile steps were taken by the first respondent to recover arrears of motor vehicles tax from the third respondent. The petitioners thereupon offered to pay the motor vehicles tax due in respect of the said vehicle for the period from 1.1.2007 to 28.2.2007 and for the month of May 2007. The petitioners also tendered before the first respondent a demand draft for the sum of Rs.17,250/- along with Ext.P9 letter dated 10.6.2010. It appears the said demand draft was not accepted when tendered. This writ petition was thereupon filed inter alia seeking a direction to respondents 1 and 2 to issue a fresh WPC No.26596/2010 2 certificate of registration for the contract carriage bearing registration No.KL-05 P-9703 in the name of the first petitioner. 2. The respondents have been served and they have entered appearane through counsel. Respondents 1 and 2 have filed a counter affidavit dated 30.3.2011 wherein it is stated that unless the tax for the period from 1.1.2007 to 28.2.2007 and for the month of May, 2007 is paid, a fresh certificate of registration cannot be issued. As regards the submission by the petitioner that the demand draft was not accepted when tendered, it is stated that even if it was tendered, it could not have been accepted for the reason that it is not drawn on a natonalised bank. 3. When the writ petition came up for hearing today, Dr.George Abraham, leanred counsel appearing for the petitioners submitted that the petitioners will pay the motor vehicles tax due in respect of the aforesaid contract carriage by way of demand draft drawn on a nationalised bank within two weeks from today and that upon the petitioners paying the motor vehicles tax due by way of a demand draft drawn on a nationalised bank, respondents 1 and 2 may be directed to consider Ext.P2 application and pass appropriate ordes thereon. Neither the learned Government Pleader nor the counsel for respondents 3 and 4 opposed the said request. In such circumstances, I dispose of the writ petition with the direction that in the event of the petitioners tendering a demand draft for the sum of WPC No.26596/2010 3 Rs.17,250/- as motor vehicles tax and the interest due thereon in respect of the contract carriage bearing registration No.KL-05 P-9703 for the period from 1.1.2007 to 28.2.2007 and for the month of May, 2007 along with interest by way of demand draft, the first respondent shall receive the same and thereupon dispose of Ext.P2 application, after following the procedure prescribed in section 51 of the Motor Vehicles Act. Needful in the matter shall be done and the application disposed of expeditiously and in any event within two months from the date of payment of the arrears of motor vehicles tax. P.N.RAVINDRAN, (JUDGE) vps