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T.S.Swamintahtn

High Court Of Kerala|21 October, 2014
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JUDGMENT / ORDER

The petitioner had purchased a stage carriage vehicle bearing registration number KL-9 Q 7642 from the 4th respondent vide an agreement dated 18.06.2005. It is stated that, on account of certain disputes with the 4th respondent, the registration certificate pertaining to the vehicle was not released to the petitioner. In view of this, the vehicle was seized from the petitioner on 21.08.2008, by the authorities under the Motor Vehicles Act. The cause of action for filing the writ petition arose when the authorities under the Kerala Motor Vehicles Taxation Act did not permit the petitioner to remit the tax due on the vehicle, and obtain a release of the said vehicle, on the ground that the original of the registration certificate was not produced. The prayer in the writ petition is for a direction to the respondents to accept the tax for the quarter ending 30.09.2008, relating to the vehicle in question, without insisting for the RC Book in original.
2. It is seen that by virtue of interim orders passed by this Court in the writ petition, the petitioner was permitted to remit the tax for the quarter ended 30.09.2008 without having to produce the original of the registration certificate before the taxation authorities, and obtain a release of the vehicle. Similar orders were also passed in respect of subsequent quarters, pursuant to interlocutory applications filed by the petitioner in the writ petition. The last of the interlocutory applications filed by the petitioner was in May 2009 and, thereafter, no interlocutory applications have been filed by the petitioner. Under these circumstances, taking into account the fact that the prayer in the writ petition is only with regard to the quarter ending on 30.09.2008 and that period has already expired, I am of the view that nothing survives in this writ petition and the same is dismissed as infructuous.
A.K.JAYASANKARAN NAMBIAR JUDGE mns
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Title

T.S.Swamintahtn

Court

High Court Of Kerala

JudgmentDate
21 October, 2014
Judges
  • A K Jayasankaran Nambiar
Advocates
  • Sri
  • I Dinesh Menon