IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 6681 of 2009(E) ------------------------- PETITIONER: --------------- K.UDAYAKUMAR, S/O.KUTTAPPAN, AGED 45 YEARS, RESIDING AT MUDIYIL PADINJATTETHIL ITHOTTUVA WEST KALLADA, KUNNATHUR, KOLLAM DISTRICT BY ADV. SRI.SAJEEV KUMAR K.GOPAL ADV. SMT.AMBIKA RADHAKRISHNAN RESPONDENTS: ---------------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, KARUNAGAPALLY. 2. THE TAHSILDAR, TALUK OFFICE, KALLADA. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 6681 OF 2009 ......................................................................... Dated this the 1st June, 2009 J U D G M E N T The grievance of the petitioner is that despite filing the application before the first respondent for cancellation of the registration of the vehicle bearing No. KBF-9970, which was having a fitness certificate till 07.09.2006 and in respect of which the entire tax was paid till the quarter ending on 31.12.2006; simultaneously forwarding all the original documents like R.C.Book, permit, tax token, insurance certificate etc., no consequential steps were taken and finally, on enquiry, the petitioner was given to understand that Ext. P3 petition, forwarding the proceedings as above was not received by the first respondent. This made the petitioner to approach the postal authorities by filing Ext.P5 for informing him as to the fate of Ext. P3 which was sent by registered post. Pursuant to this, the postal authorities have confirmed the delivery of the cover W.P.(C) No. 6681 OF 2009 2 bearing No.4648, to the addressee concerned, sent by registered post. 2. The respondents have now filed a statement admitting receipt of Ext.P3. The reasons stated for not considering the application is non-remittance of tax liability till date. The learned Government Pleader also submits that the petitioner has not produced the supporting materials but for submitting the proceedings including the R.C.Book, permit, tax token, insurance certificate etc., as referred in the Writ Petition. It is also submitted that Ext.P3 will be looked into and necessary orders will be passed within a short time. After hearing both the sides, the matter is disposed of, directing the first respondent to consider Ext. P3 application taking note of the fact that the petitioner, having applied for cancellation of the registration and having surrendered all the requisite documents including certificate of registration, tax token, R.C. Book, permit etc., on 04.07.2007, no liability could be fixed on the petitioner for the period beyond 30.09.2007, i.e., after the end of the concerned quarter, particularly when the W.P.(C) No. 6681 OF 2009 3 first respondent does have no further case as to non-receipt of documents as aforesaid. The petitioner will produce all other supporting materials so as to enable the first respondent to pass appropriate orders. Final orders in this regard shall be passed by the first respondent as expeditiously as possible and at any rate, within two months from the date of receipt of a copy of the judgment. It is also made clear that till such orders are passed, all further proceedings pursuant to Ext. P6 will be kept in abeyance. P.R. RAMACHANDRA MENON, JUDGE. lk