Kerala High Court
Ramankutty P.C vs Transport Commissioner on 1 July, 2025
2025:KER:47662
WP(C) No. 5410 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 5410 OF 2024
PETITIONERS:
1 RAMANKUTTY P.C.,
AGED 86 YEARS, S/O. CHANUEZHUTHAN,
SREELEKSHMI HOUSE,
PADIVAYAL, VADUVANCHAL,
WAYANAD, PIN-673581
2 SIBI SHAILOCK,
AGED 64 YEARS, W/O. A. SHAILOCK,
ANJALIKKADU HOUSE,
EMILY, KALPETTA, PIN-673121
BY ADVS.
SMT.RENI JAMES
SMT.T.A.MARY RINJU
RESPONDENTS:
1 TRANSPORT COMMISSIONER,
TRANS TOWER,VAZHUTHAKKADU P.O.,
THIRUVANANTHAPURAM, PIN-695001
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE,
WAYAND, PIN-673122
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3 DISTRICT POLICE CHIEF,
POLICE HEAD QUARTERS,
WAYANAD, PIN-673122
4 THE REGIONAL TRANSPORT OFFICER,
CIVIL STATION, KALPETTA NORTH,
WAYANAD, PIN-673122
5 THE SUB INSPECTOR OF POLICE,
KALPETTA P.O., WAYANAD, PIN-673122
6 CHOLAMANDALAM FINANCE COMPANY,
REPRSENTED BY ITS AUTHORISED OFFICER,
MOOZHAYIL ARCADE, CALICUT ROAD,
NEAR LIC OFFICE KALPETTA, PIN-673121
7 CHHAJER FINANCE LTD,
REPRSENTED BY ITS AUTHORISED OFFICER,
OLD NO.181 (NEW NO. 379),
AVVAI SHANMUGHAM SALAI, 2ND FLOOR,
GOPALAPURAM (NEXT TO DAV GIRLS SCHOOL,
CHENNAI, PIN-600086
R1-R5 SMT.SURYA BINOY, SENIOR GOVERNMENT PLEADER
R6 ADVS.SRI.BINOY VASUDEVAN
SRI.T.K.VIPINDAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No. 5410 of 2024
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 5410 of 2024
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Dated this the 1st day of July, 2025
JUDGMENT
The writ petition is filed with the following prayers:-
i) To issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading up to Exhibit P8 and quash Exhibit P8 all proceedings pursuant thereto.
ii) To issue a writ of Mandamus or any other appropriate order or direction, directing the 4th respondent to return the original documents submitted for the renewal of the permit of the stage carriage of the petitioners or to issue the Certificate of Registration without any endorsement of hypothecation.
iii) To issue a writ of Mandamus or any other appropriate order or direction, directing to the 2 nd and 4th respondents to take action upon Exhibits P9 and P10.
iv) To dispense with the production of the translation of vernacular documents.
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v) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. In this writ petition, the petitioners preferred Ext.P9 before the 4th respondent, seeking return of the documents they had produced by them for renewal of the permit of stage carriage, which initially belonged to the 2nd petitioner and was sold to the 1st petitioner. The petitioners have reiterated the request through Ext.P10.
3. Under such circumstances, there will be a direction to the 4th respondent to take a decision on the requests made in Exts.P9 and P10, with notice to the petitioners and also to respondents 6 and 7, and pass orders in accordance with law within three weeks from the date of receipt of a copy of this judgment. It is made clear that all the contentions of the parties are left open.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:47662 WP(C) No. 5410 of 2024 -5- APPENDIX OF WP(C) 5410/2024 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 22/1/2020 Exhibit P2 TRUE COPY OF THE NOC ISSUED BY THE 6TH RESPONDENT DATED 26/4/2021 Exhibit P3 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT OBTAINED THROUGH RTI DATED 11/8/2022 Exhibit P4 TRUE COPY OF THE JUDGEMENT WPC NO 17805/2023 DATED 20/9/2023 IN THE HIGH COURT OF KERALA Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 22/6/2022 Exhibit P6 TRUE COPY OF THE JUDGEMENT WPC NO 21593/2020 DATED 6/11/2020 BEFORE THE HONORABLE HIGH COURT OF KERALA Exhibit P7 TRUE COPY OF THE JUDGEMENT IN WPC NO 20676/2023 DATED 18/9/2023 BEFORE THE HONORABLE HIGH COURT OF KERALA Exhibit P8 TRUE COPY OF THE LETTER ISSUED BY THE 2ND AND 4TH RESPONDENTS DATED 24/11/2023 Exhibit P9 TRUE COPY OF THE LETTER SEND BY THE 1ST PETITIONER DATED 24/11/2023 Exhibit P10 TRUE COPY OF THE LETTER DATED 1/12/2023 ISSUED BY THE 4TH RESPONDENT 2025:KER:47662 WP(C) No. 5410 of 2024 -6- RESPONDENTS' EXHIBITS EXHIBIT R7(a) TRUE COPY OF THE STATEMENT OF CURRENT ACCOUNT OF THIS RESPONDENT MAINTAINED BEFORE CANARA BANK, CHENNAI, SOWCARPET BRANCH EXHIBIT R7(b) TRUE COPY OF THE HYPOTHECATION AGREEMENT EXECUTED BETWEEN THE 2 ND PETITIONER AND 7 TH RESPONDENT DATED 10-05-2017 EXHIBIT R7(c) THE TRUE COPY OF THE PLAINT IN O.S.NO.
105/2022 ON THE FILE OF MUNSIFFS COURT, KALPETTA EXHIBIT R7(d) TRUE COPY OF THE ORDER OF TEMPORARY PROHIBITORY INJUNCTION IN O.S.NO. 105/2022 ON THE FILE OF MUNSIFF'S COURT, KALPETTA DATED 09-06-2022 EXHIBIT R7(e) THE TRUE COPY OF THE E-MAIL ISSUED BY 7 TH RESPONDENT TO THE 4 TH RESPONDENT DATED 02-07-2022 PETITIONERS' EXHIBITS EXHIBIT P9 TRUE COPY OF THE STATEMENT OF ACCOUNT ISSUED BY THE 6TH RESPONDENT