IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 24000 of 2011(Y) ---------------------- PETITIONER : --------------------- JAYAN.P.S., S/O.SUKUMARAN, PUTHENPURACKAL HOUSE, KATTAPPANA P.O., IDUKKI DISTRICT. BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT OFFICER, IDUKKI-685 602. 2. ROBIN XAVIER, PULICKAL HOUSE, KOTHAMANGALAM P.O., PIN-686 691. R1 BY GOVT. PLEADER SMT. P.A. REZIYA R2 ADVS. SRI.M.D.SASIKUMARAN SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.DIPU JAMES SRI.K.P.UNNIKRISHNAN (ELOOR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 24000 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE R.C. BOOK OF THE VEHICLE BEARING REG. NO. KL.6D.7917. EXT.P2 : COPY OF THE R.C. BOOK OF THE VEHICLE BEARING REG. NO. KL.6D.7014. EXT.P3 : COPY OF THE R.C. BOOK OF THE VEHICLE BEARING REG. NO. KL.6D.7550. EXT.P4 : COPY OF THE R.C. BOOK OF THE VEHICLE BEARING REG. NO. KL.6D.6990. EXT.P5 : COPY OF THE JUDGMENT DATED 24.9.2009 IN WP(C) NO. 26792 OF 2009. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 24000 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th day of October, 2011. J U D G M E N T The petitioner is the registered owner of 4 vehicles bearing Reg. Nos. KL.6/D 7917, KL.6/D 7014, KL.6/D 7550 and KL.6/D 6990. The 2nd respondent is a private financier. The petitioner availed of some finance from the 2nd respondent by depositing the original registration books of the said vehicles as security. There is a dispute between the petitioner and the 2nd respondent regarding the repayment of the said amount. The 2nd respondent refuses to part with the original registration books. The petitioner wants to pay motor vehicle tax in respect of the vehicles. The petitioner has filed this writ petition seeking a direction to the R.T.O, Idukki to accept motor vehicle tax without insisting on production of the original R.C books. The learned Government Pleader opposes the same. She points out that for accepting motor vehicle tax, production of original R.C. book is mandatory and therefore without production of the original R.C books, tax cannot be accepted. 2. I have considered the rival contentions in detail. 3. The provision relating to the mode of payment of motor vehicle tax is contained in Rule 4 of the Kerala Motor Vehicles Rules, which reads thus: “4. Payment of tax levied:- Tax levied in respect of every non-transport motor vehicle shall be paid in cash at the office specified in the certificate of registration of the vehicle and tax in respect of every transport vehicle shall be paid by crossed demand draft payable at the local branch of the State W.P(C) No. 24000 of 2011 -: 2 :- Bank of Travancore or the State Bank of India or any of the Nationalised Banks or Regional Rural Banks or by payment orders of Reserve Bank of India or in any other manner specified in the certificate of registration of the vehicle. While making such payment in cash or otherwise, the certificate of registration along with the certificate of insurance referred to in Section 8, shall be produced before the Taxation Officer for the issue of tax licence and necessary endorsement regarding the details of tax paid and licence issued. xx xx xx” As per the same, production of the certificate of registration is mandatory for payment of tax and details and payment of tax are to be endorsed therein. Therefore, I do not think that the petitioner can be exempted from the provisions of the said Rules. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/