IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26792 of 2009(T) -------------------------- PETITIONER(S): --------------- T.SWAMINATHAN, THERAYANKODE HOUSE, EZHAKKAD, MUNDUR, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT OFFICER, PALLAKKAD. 2. SRI. K.S. MUKUNDAN, KADUNGATH HOUSE, THENKURISSI P.O., PALAKKAD. GOVERNMENT PLEADER SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.26792 OF 2009 ------------------------------ Dated this the 24th day of September, 2009 J U D G M E N T ---------------------- 1. The petitioner claims that he had purchased a Maruthi Omni bearing Regn: No:KL-9/J-9973 from the 2nd respondent. But the 2nd respondent has not handed over the Registration Certificate since there exists some dispute with respect to the settlement of payments of the sale consideration stipulated in the agreement. Since the original of the Registration Certificate is with the 2nd respondent, the petitioner is not in a position to remit the Motor Vehicle Tax. Hence the petitioner is seeking directions to the 1st respondent to accept the Motor Vehicle Tax due for the current quarter, without insisting for production of original of the Registration Certificate. 2. Having considered the facts and circumstances, I am inclined to direct 1st respondent to receive Motor Vehicle Tax due with respect to the vehicle KL-9/J-9973, on being satisfied on inspection that possession of the vehicle is with the petitioner and on the petitioner furnishing an undertaking before the 1st respondent to the effect that he will not part with possession of the vehicle or transfer the vehicle or dismantle the same. W.P.(C).26792/09 2 3. It is made clear that acceptance of Motor Vehicle Tax from the petitioner will not in any way prejudice rights if any available to the 2nd respondent with respect to ownership of the vehicle, or the disputes now pending between the petitioner and the 2nd respondent. C.K.ABDUL REHIM, JUDGE. okb