Kerala High Court
Bindhu Jaikrishnan vs Secretary To The Government on 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.27733 OF 2020(N)
PETITIONER:
BINDHU JAIKRISHNAN, AGED 48 YEARS
W/O.JAI KRISHNAN, KAVARATTU VRINTHAVANAM,
EREZHA NORTH, CHETTIKULANGARA,
ALAPPUZHA-690 106.
BY ADVS.
SRI.RASHEED C.NOORANAD
SMT.M.N.ANITHA
RESPONDENTS:
1 SECRETARY TO THE GOVERNMENT
DEPARTMENT OF MOTOR VEHICLES,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SHO, MAVELIKKARA POLICE STATION,
MAVELIKKARA, ALAPPUZHA-690 101.
3 REGIONAL TRANSPORT OFFICER,
RT OFFICE, ALAPPUZHA-688 001.
4 JOINT REGIONAL TRANSPORT OFFICER,
OFFICE OF THE JOINT REGIONAL TRANSPORT,
MAVELIKKARA, ALAPPUZHA-690 101.
5 SHILPA, AGED 25 YEARS
D/O.LALU, PUTHIMANGALATH,
PRAKKULAM, ANCHALMOODU, KOLLAM-691 602.
R2, R4 BY GOVERNMENT PLEADER
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-03-
2021, THE COURT ON 09-04-2021 DELIVERED THE FOLLOWING:
W.P(C).27733/2020
2
JUDGMENT
Writ petitioner was the owner of a Datsun Nissan car bearing
registration No.KL-31J-9857. She purchased it in 2016 and on
13.10.2020, it was sold to one Shilpa of Kollam. When attempts were
made to transfer the ownership, it was revealed from the official
website of Motor Vehicle Department that her vehicle was included in
the blacklist. On further enquriy, it was revealed that, she was involved
in a crime registered by the Mavelikkara police and the vehicle was
suspected to be purchased with the proceeds of crime and hence could
not be transferred. It was found that, while she was working as a
Pharmacist in the Neethi Medical Store at Mavelikkara, there was an
allegation that she had misappropriated huge amounts. Crime was
registered and intimation was given that the vehicle was purchased with
the proceeds of the crime. Accordingly, the transfer could not be
recorded in the official register. She has approached this Court,
contending that the vehicle has nothing to do with the crime registered
against her and the vehicle may be permitted to be transferred after
deleting it from the blacklist of the Kerala Motor Vehicles Department.
Hence the above Writ Petition is filed seeking the above relief.
W.P(C).27733/2020
2. Learned senior Government Pleader, on instructions, has
filed a detailed statement contending that the petitioner was the
Secretary of the Neethi Store and during her period, certain
irregularities were detected. Crime was registered as Crime No.15 of
2019 of Mavelikkara Police Station for offences under Sections 406, 408
and 420 of the Indian Penal Code and S.65 of the IT Act. The allegation
was that, while she was working as the Pharmacist in the Neethi
Medical Store, she misappropriated huge sum from the society. In the
course of investigation, it was revealed that the vehicle mentioned
above was purchased by her for an amount of Rs.5,19,689/-. The details
of the payments have been brought on record. She was charge
sheeted, the final report was taken cognizance of and the matter is
pending as C.C.No.513 of 2020.
3. Opposing the application, learned Government Pleader relied
on section 102 Cr.P.C contending that, if in the course of investigation, it
was found that the vehicle was obtained for wrongful gain, the transfer
of vehicle can be freezed. The learned Government Pleader relied on
the decision reported in Suja v. Sub Inspector of Police, North
Paravur Police Station (2020(5) KHC 368) and State of
Maharashtra v. Tapaz Neoogi reported in 1999 KHC 797. Relying
on these decisions, it was vehemently contended by the learned
Government Pleader that the allegation of the prosecution is that the
W.P(C).27733/2020
vehicle was purchased with the proceeds of the crime and consequently,
it cannot be transferred and prosecution is competent to invoke the
provision under section 102Cr.P.C.
4. Learned counsel for the petitioner contended that, since she
has already sold the vehicle without knowledge that the vehicle has
been blacklisted in connection with the above crime, and an innocent
purchaser is involved, she may be permitted to effect transfer and to
complete the formalities. As security, she is ready to furnish immovable
property.
5. Having considered the entire facts and after hearing both
sides, I notice that the matter is pending before the judicial first class
magistrate, Mavelikkara in C.C.No.513 of 2020. In the normal course of
proceedings, it is not likely that the case may be brought to its logical
conclusion immediately. Hence, I am inclined to direct the petitioner to
move the Judicial First Class Magistrate-I, Mavelikkara by invoking its
jurisdiction. If an application for releasing the vehicle or appropriate
orders is filed, the Court shall consider the above question, having
regard to the legal and factual issues involved and considering whether
the vehicle can be permitted to be transferred on accepting the security
in the form of immovable property belonging to herself or any other
close relative of the petitioner provided such person files an affidavit
offering the property as security. The court below shall pass
W.P(C).27733/2020
appropriate orders strictly in accordance with law untrammelled by any
of the observations made by this Court and pass in accordance with law
at the earliest within one month from the date of filing such application,
if it is filed within two weeks from the date of receipt of this judgment.
Writ Petition is disposed of accordingly.
Sd/-
SUNIL THOMAS
Sbna JUDGE
W.P(C).27733/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RC.
EXHIBIT P2 TRUE COPY OF THE MESSAGE SHOWN IN THE
WEBSITE OF THE MOTOR VEHICLE DEPARTMENT
KERALA.
