Fathima Jahafar vs Union Of India

Kerala High Court

Fathima Jahafar vs Union Of India on 21 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
         THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                WP(C) NO. 9506 OF 2024
PETITIONER:

         FATHIMA JAHAFAR,
         AGED 39 YEARS, W/O. JAHAFAR,
         KEEZHUTTA KANDATHUVAYAL,
         VELLAMUNDA P.O., WAYANAD - 670731.

         BY ADVS.
         ARUN LUCKOSE ABRAHAM
         PHILIA KOSHY
         M.S.SARUN


RESPONDENTS:

   1     UNION OF INDIA,
         REPRESENTED BY ITS SECRETARY,
         MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
         NEW DELHI, PIN - 110001.

   2     NATIONAL INFORMATICS CENTRE,
         REPRESENTED BY ITS DEPUTY DIRECTOR GENERAL,
         C-DAC BUILDING,VELLAYAMBALAM,
         THIRUVANANTHAPURAM, PIN - 695033.

   3     STATE OF KERALA,
         MOTOR VEHICLE DEPARTMENT
         REPRESENTED BY IS TRANSPORT COMMISSIONER,
         TRANSPORT COMMISSIONERATE, 2ND FLOOR,
         TRANS TOWER, VAZHUTHACAUD, THYCAUD P.O.,
         THIRUVANANTHAPURAM, PIN - 695014.

   4     TRANSPORT COMMISSIONER,
         TRANSPORT COMMISSIONERATE, 2ND FLOOR,
         TRANS TOWER, VAZHUTHACAUD, THYCAUD P.O.,
         THIRUVANANTHAPURAM, PIN - 695014.
 W.P.(C)No.9506 of 2024
                           :2:


    5    THE REGIONAL TRANSPORT OFFICER,
         REGIONAL TRANSPORT OFFICE, CIVIL STATION
         KALPETTA. WAYANAD, PIN - 673592.

    6    THE JOINT REGIONAL TRANSPORT OFFICER,
         SUB REGIONAL TRANSPORT OFFICE,
         MANTHAVADY KELLUR P.O.,
         WAYANAD, PIN - 670645.

    7    AMINA,
         W/O.M.K.MEETHIYAN
         MENACHERY HOUSE, SOUTH ADUVASSERY,
         SOUTH ADUVASSERY.P.O, KUNNUKAR VILLAGE,
         PARAVUR TALUK, PIN - 683578.

         BY ADVS.
         SRI.BINOY DAVIS, GOVERNMENT PLEADER
         SRI.T.C.KRISHNA, CENTRAL GOVERNMENT COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.9506 of 2024
                               :3:




                       JUDGMENT

Dated this the 21st day of May, 2024 The petitioner is the owner in possession of a Maruti Swift Dzire Car bearing registration No.KL-42E-4672. Ext.P1 is the Certificate of Registration. The petitioner bought this car in the year 2013 from 7th respondent and it is under the ownership and possession of the petitioner till now. The petitioner is paying insurance of the vehicle.

2. All documents related to the car bearing registration No.KL-42E-4672 is in the name of the petitioner. In the year 2017, the petitioner was shocked to see Exts.P3 and P4 letters from the 6th respondent that there is a pending W.P.(C)No.9506 of 2024 :4: case relating to her vehicle. The petitioner was not aware of any cases relating to the vehicle. The petitioner appeared before the 6th respondent and submitted all documents relating to the vehicle and tried to convince the 6 th respondent.

3. Thereafter, there was no communication from any authorities. Subsequently, the petitioner tried to sell the vehicle and she was shocked to see that her vehicle is found not transferable and status of the vehicle is locked due to the pendency of W.P.(C) No.8936 of 2016 of this Court, in the Parivahan Site maintained by respondents 1 and 2. Thereafter, the petitioner enquired about the said case. Exts.P6, P7, P7A, P8 and P9 are details of cases in which the petitioner is not even a party and her vehicle is not a subject matter.

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4. As of now, there are no cases pending relating to car bearing registration No.KL-42E-4672. The petitioner submitted Ext.P10 representation before the 6 th respondent. No action was taken by respondents 1 to 6 so far. The petitioner is suffering for no fault of her relating to her vehicle, contends the Counsel for the petitioner.

5. Government Pleader submitted that there are crimes pending in relation to the vehicle involved in this case. The allegation is that the vehicle has been transferred fraudulently without the knowledge of the original owner. Counsel for the petitioner, on the other hand, would submit that the 7th respondent is the prior owner of the vehicle and the petitioner is not involved in any manner in the crime.

6. Counsel for the petitioner would further point out that Crime Nos.192 of 2015, 212 of 2015 and 165 of 2017 of W.P.(C)No.9506 of 2024 :6: Chengamanad Police Station are no more existing for various reasons. The petitioner is ready to provide proof in that regard.

7. I have heard the learned Counsel for the petitioner, the learned Central Government Senior Panel Counsel representing respondents 1 and 2 and the learned Government Pleader representing respondents 3 to 6.

8. Taking into consideration the facts of the case and taking into consideration the fact that the vehicle involved stands blacklisted for a considerably long period now, I am of the view that the 6th respondent herein shall consider the grievance of the petitioner and take appropriate decision expeditiously.

In the circumstances, the writ petition is disposed of permitting the petitioner to file appropriate representation W.P.(C)No.9506 of 2024 :7: before the 6th respondent-Joint Regional Transport Officer within a period of ten days from today producing necessary documents to show that the crimes alleged are no more in existence. Once the petitioner files such representation, the 6th respondent shall take appropriate decision in the matter after making necessary enquiry, within a further period of one month and if the blacklisting is not warranted any more, take necessary steps to remove the blacklisting from the Parivahan Site.

Sd/-

N. NAGARESH JUDGE ams W.P.(C)No.9506 of 2024 :8: APPENDIX OF WP(C) 9506/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING NO. KL 42 E 4672.

Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF INSURANCE DATED 27-05-2023 OF UNITED INDIA INSURANCE COMPANY FOR THE VEHICLE BEARING NO. KL 42 E 4672.

Exhibit P3 A TRUE COPY OF THE LETTER NO.

C2/746/2017/K.L.72 DATED 29-07-2017 ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT.

Exhibit P4 A TRUE COPY OF THE LETTER NO.

C5/7920/2017/K.L.72 DATED 31-07-2017 ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT.

Exhibit P5 A TRUE COPY OF THE SCREEN SHOT OF THE PARIVAHAN WEBSITE SHOWING STATUS PETITIONER'S VEHICLE CAR BEARING REGISTRATION NO. KL 42 E 4672.

Exhibit P6 A TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) 8936/2016 DATED 23-01-2017.

Exhibit P7 A TRUE COPY OF RELEVANT EXTRACTS OF E-

COURTS STATUS OF CRIME NO. 192 OF 2015 DATED 10-03-2015 OF CHEGAMANADU POLICE STATION WAS PENDING AS C.C. NO. 1749 OF 2015 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE I, ALUVA DATED 1-11- 2023.

:9: Exhibit P7A A TRUE COPY OF RELEVANT EXTRACTS OF E-

COURTS STATUS OF CRIME NO. 192 OF 2015 DATED 10-03-2015 OF CHEGAMANADU POLICE STATION WAS PENDING AS C.C. NO. 1749 OF 2015 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE I, ALUVA DATED 11-09- 2023.

Exhibit P8 A TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF KERALA IN CRL.M.C. NO. 5839/2023 DATED 04-08- 2023.

Exhibit P9 A TRUE COPY OF RELEVANT EXTRACTS OF E-

COURTS STATUS OF CRIME NO. 212 OF 2015 DATED 10-03-2015 OF CHEGAMANADU POLICE STATION WAS PENDING AS C.P. NO. 28 OF 2022 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE I, ALUVA.

Exhibit P10 A TRUE COPY OF THE REPRESENTATION BEFORE THE 6TH RESPONDENT DATED NIL ALONG WITH THE ACKNOWLEDGEMENT CARD DATED 07.11.2023.

Exhibit P11 A TRUE COPY OF THE POSTAL RECEIPT DATED 07-11-2023.