SUBAIR ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner submits that the original registration certificate of his vehicle bearing No. KL-8z-7786 is in custody of the Judicial First Class Magistrate Court, Irinjalakkuda, produced in connection with Crime No. 314/2005 of Irinjalakkuda Police station. By virtue of Ext. P2 order, interim custody of the vehicle was entrusted with the petitioner. But the petitioner could not remit the motor vehicle tax due with respect to the vehicle, without producing original of the registration certificate. Therefore, he had approached the Sessions Court, Thrissur by filing Crl. R. P. No. 161/2005. On earlier three occasions, through orders dated 27. 10. 2005, 18. 1. 2006 and 19. 1. 2007 that court issued direction to the motor vehicle authorities concerned, to receive the tax due for the relevant periods, without insisting production of original of the registration certificate. Now tax for the period from 1. 4. 2009 to 31. 3. 2010 is due. It is submitted that the petitioner had filed Crl. M. P. No. 1468/2009 in crl. R. P. No. 161/2005 before the Sessions Court, Thrissur, seeking identical relief. But the Sessions Court dismissed the said petition on 2. 4. 2009. According to the counsel, in spite of application filed, no certified copy of the said order has yet been issued to the petitioner, and therefore he is not in a position to challenge the said order. The due date for payment of motor vehicle tax is 1. 4. 2009. Therefore the petitioner is seeking direction from this Court for acceptance of the motor vehicle tax without production of the original registration certificate.

(2.) SINCE the matter has already been dealt with by the sessions Court and there is already an order passed against the petitioner, there is impropriety in interfering with the matter and issuing directions ignoring orders passed by the Sessions Court. At the same time it is made clear that the petitioner is at liberty to challenge the said order and seek remedy in appropriate proceedings.

(3.) UNDER such circumstances, the writ petition is disposed of reserving liberty of the petitioner to challenge orders passed by the Sessions Court in Crl. M. P. No. 1468/2009 in crl. R. P. No. 161/2005 before appropriate forum. In order to facilitate the petitioner to adopt such a course, the Sessions court, Thrissur will provide him with a certified copy of the order in Crl. M. P. No. 1468/2009 in Crl. R. P. No. 161/2005, at the earliest, at any rate within a period of one week from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.