Kerala High Court
Sreejith C.S vs The Regional Transport Officer, ... on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12388 OF 2024
PETITIONER
SREEJITH C.S
AGED 40 YEARS
S/O SREEDHARAN, CHENGALOOR HOUSE,
NEAR CHENANKULANGARA TEMPLE, CHERPU,
CHAVOOR THRISSUR., PIN - 680561
BY ADV RAJESH CHAKYAT
RESPONDENTS:
1 THE REGIONAL TRANSPORT OFFICER, THRISSUR
CIVIL STATION, AYYANTHOLE,
THRISSUR., PIN - 680003
2 THE STATION HOUSE OFFICER
TOWN WEST POLICE STATION, THRISSUR,
PIN - 680003
3 THE STATION HOUSE OFFICER
CHERPU POLICE STATION,
THRISSUR, PIN - 680561
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.12388 Of 2024
2
JUDGMENT
Dated this the 11th day of April, 2024 The writ petition was filed by the petitioner aggrieved by the situation that the 1st respondent is not inspecting petitioner's car for renewal of registration and also for not issuing duplicate Registration Certificate for the reason that the car is presently under judicial custody. Since the original Registration Certificate was lost, the petitioner cannot approach the Court with a claim petition to release the vehicle bearing registration No.KL-45B- 0100.
2. The petitioner filed Ext.P2 complaint to the 2nd respondent. The entire proceedings before the 1st respondent is over and it was insisted by the 1 st respondent that before renewal of registration, he has to inspect the car. One Sunilkumar took away the car and he was arrested by the 3rd respondent in connection with Crime No.1043/2023 of Cherpu WP(C) No.12388 Of 2024 3 Police station and the car was seized and produced before the Court and the same is now under the judicial custody and kept with the 3rd respondent.
3. When the above aspect was informed to the 1 st respondent, the authority insisted for orders from the Court and orally informed that without orders from the Court, the 1st respondent cannot inspect the car. Without the original Registration Certificate, the petitioner cannot approach the Court and file a claim petition and get the car released, contends the petitioner.
4. Government Pleader, on instructions, submitted that since Crime No.1043/2023 of Cherpu Police Station, is pending before the Judicial First Class Magistrate's Court-1, Thrissur, inspection can be conducted if the competent Court gives permission.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the WP(C) No.12388 Of 2024 4 respondents.
6. The petitioner can claim custody of the vehicle if the petitioner produces Registration Certificate. The original Registration Certificate is missing. Only if the petitioner produces a duplicate Registration Certificate, the petitioner can approach the competent Criminal Court for custody of the vehicle. To obtain duplicate Registration Certificate, the petitioner has to get a Fitness Certificate in respect of the vehicle. It is for that limited purpose, the petitioner seeks a direction to the 1st respondent-Regional Transport Officer to inspect the vehicle.
7. Taking into consideration the entire facts of the case, I am of the view that for the said limited purpose the petitioner need not be driven to the jurisdictional Criminal Court as the petitioner is already before this Court. If the Regional Transport Officer makes an inspection of the vehicle that will not in any manner affect the criminal WP(C) No.12388 Of 2024 5 proceedings pending.
In view of the above, the writ petition is disposed of directing the 1st respondent to inspect the vehicle of the petitioner, which is now with the 3rd respondent, for the limited purpose of renewal of registration. Such an inspection shall be conducted within a period of one month.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.12388 Of 2024 6 APPENDIX OF WP(C) 12388/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF CAR BEARING REGISTRATION NO. KL 45B 0100 Exhibit P2 A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE FINANCIER DATED 31.05.2023 Exhibit P3 A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED 04.07.2023 Exhibit P4 A TRUE COPY OF THE DECLARATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 04.07.2023 Exhibit P5 A TRUE COPY OF THE ENQUIRY REPORT ISSUED BY THE 2ND RESPONDENT DATED 12.07.2023 Exhibit P6 A TRUE COPY OF THE RECEIPT DATED 01.11.2023 SHOWING REMITTANCE OF TAX