IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 5137 of 2009(J) -------------------------------------- PETITIONER(S): ------------------------ VINOD, S/O.SREEDHARAN, VALAPPIL HOUSE, NATTIKA BEACH P.O., THRISSUR. BY ADV. MR.K.I.SAGEER RESPONDENT(S): -------------------------- 1. ASSISTANT MOTOR VEHICLE INSPECTOR, REGIONAL TRANSPORT OFFICE, THRISSUR. 2. STATION HOUSE OFFICER, VIYYUR POLICE STATION, VIYYUR, THRISSUR. 3. THE JOINT R.T.O, GURUVAYUR. ADDL. R4 IS IMPLEADED. 4. INDUS IND BANK, EDAPPALLY. IS IMPLEADED AS PER ORDER DT. 25.2.09 IN IA. 2819/09. 5. SREE RAM GROUR OF COMPANIES, VELIYANNOOR, THRISSUR IS IMPLEADED AS PER ORDER DT. 27.3.09 IN IA. 4360/09. BY GOVT. PLEADER MR.P.K.BABU FOR R1 TO R3 BY ADVS. MR.M.A.JOSEPH MANAVALAN FOR ADDL.R4. MR.SOORAJ T.ELENJICKAL FOR ADDL.R4. MR.C.HARIKUMAR FOR ADDL.R5 MR.ARAVINDA KUMAR BABU T.K. FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5137/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE R.C.BOOK IN RESPECT OF PETITIONER'S VEHICLE NO.KL08-AG 5187. P2:- COPY OF THE DRIVING LICENCE, BADGE ETC. OF KRISHNADAS. P3:- COPY OF THE POLLUTION UNDER CONTROL CERTIFICATE IN RESPECT OF THE PETITIONER'S VEHICLE. P4:- COPY OF THE INSURANCE POLICY OF THE PETITIONER'S VEHICLE. P5:- COPY OF THE GOODS CARRIAGE PERMIT IN RESPECT OF PETITIONER'S VEHICLE NO.KL08-AG 5187. P6;- COPY OF THE RECEIPT UNDER KERALA MOTOR TRANSPORT WORKER'S WELFARE FUND BOARD, 13.2.08. P7:- COPY OF THE CHEQUE REPORT DT. 7.2.09 ISSUED BY THE IST RESPONDENT. TRUE COPY P.S. TO JUDGE TSS P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 5137 OF 2009 ......................................................................... Dated this the 30 th June, 2009 J U D G M E N T The case of the petitioner is to have permission to remit the tax without producing the original of the R.C.Book before the departmental authorities, stating that the original is left with the financier. It was in the said circumstances, the financier of the vehicle was ordered to be impleaded as an additional respondent; pursuant to which, the concerned Company was impleaded as the Additional Fifth respondent. Thereafter, an interim order was passed by this Court on 23.06.2009 directing the Additional Fifth respondent to produce the original R.C. Book before the departmental authorities; simultaneously directing the petitioner to appear before the said authorities on 29.06.2009 and to remit the tax arrears . 2. The learned Counsel appearing on behalf of the Addl.5th respondent submits that even though the Addl. 5th respondent W.P.(C) No. 5137 OF 2009 2 was present before the departmental authorities with the original of the R.C. Book, the petitioner did not turn up to remit the tax arrears. 3. The learned Counsel for the petitioner submits that he had passed on the instruction to the petitioner and that the outcome is not known to the learned Counsel. Considering the sequence of events, it appears that the petitioner is no more interested with the cause of action projected in the Writ Petition. The Writ Petition is accordingly dismissed. P.R. RAMACHANDRA MENON, JUDGE. lk