Laila Beevi V.Y vs The Regional Transport Officer, ...
2021 Latest Caselaw 16924 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                      WP(C) NO. 14611 OF 2021
PETITIONER:

          LAILA BEEVI V.Y
          AGED 25 YEARS
          W/O. HARSHAD MUKTHAR, VENNIPARAMBIL HOUSE, P.O.
          THOTTAKKUKARA, CHENGAMANADU, ALUVA, ERNAKULAM, DISTRICT
          683 1108.

          BY ADVS.
          P.MOHAMED SABAH
          SAIPOOJA



RESPONDENT:

    1     THE REGIONAL TRANSPORT OFFICER, ALUVA,
          REGIONAL TRANSPORT OFFICE MINI CIVIL STATION, PERIYAR
          NAGAR, ALUVA, ERNAKULAM DISTRICT 683 101.

    2     THE JOINT REGIONAL TRANSPORT OFFICER,
          ALUVA, SUB REGIONAL TRANSPORT OF ICE, 3RD FLOOR, MINI
          CIVIL STATION, PERIYAR NAGAR, ALUVA, ERNAKULAM DISTRICT
          683 101.

    3     AHAMMED KABEER,
          S/O. LATE MR. AL HAJI SHEIK YUSUF SULTHAN, AGED 37,
          VENNIPARAMBIL HOUSE, KIZHAKKE DESUM, ALUVA, ERNAKULAM
          DISTRICT 683 101.


OTHER PRESENT:

          SR.GP V.K SUNIL




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.14611/2021                     2

                                     JUDGMENT

Grievance of the petitioner is that, the vehicle which belongs to his father,

and which,after his death has devolved upon all his children, is being illegally used

by his brother who is the 3rd respondent herein. The petitioner filed Ext.P3

application before the 2nd respondent seeking appropriate direction for preventing

the 3rd respondent from illegal plying of the vehicle. Grievance of the petitioner is

that the above application has not been considered even now.

2.After having heard the learned counsel for the petitioner and the learned

Government Pleader, I feel that notice need not be issued to the 3 rd respondent.

Hence, notice to the third respondent is dispensed with.

3. In the above circumstances, the writ petition is disposed of with a direction

to the 2nd respondent to consider Ext.P3 application in accordance with law, after

giving reasonable opportunity of being heard to the petitioner, 3 rd respondent and

pass appropriate orders within one month from the date of receipt of a copy of this

judgment.

Sd/-

SUNIL THOMAS

Judge

dpk

APPENDIX OF WP(C) 14611/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE DATED 06.05.2019 ISSUED BY THE TAHASILDAR, ALUVA.

Exhibit P2 TRUE COPY OF THE PRINTOUT OF THE RC STATUS OF LAND CRUISE CAR BEARING REGISTRATION NO. KL- 41-P-999.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 12.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO. 2.