Kerala High Court
Midhun Mathew Abraham vs The Joint Road Transport Officer ... on 13 August, 2021
WA No.1058/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 13th day of August 2021 / 22nd Sravana, 1943
WA NO. 1058 OF 2021
(AGAINST THE JUDGEMENT DATED 29.07.2021 IN WP(C) 6327/2021 OF THIS COURT)
APPELLANT/PETITIONER:
MIDHUN MATHEW ABRAHAM, AGED 29 YEARS,
S/O.ABRAHAM MATHEW, IRIPOOTTIL ANAPARAMBIL P.O.
THALAVADY VILLAGE,
KUTTANAD TALUK, ALAPPUZHA. PIN-689 112.
BY ADV.SRI.B.PRAMOD
RESPONDENTS/RESPONDENTS:
1. THE JOINT ROAD TRANSPORT OFFICER(JOINT RTO),
SUB REGIONAL TRANSPORT OFFICE, KUTTANAD,
ALLAPUZHA, PIN-688 504.
2. HARIS, MH HOUSE, PUNNAKULAM KARA, AADHINAD VILLAGE,
KARUNAGAPALLY TALUK, KOLLAM. PIN - 690 518.
3. NATIONAL INFORMATIC CENTRE, A BLOCK, LODHI ROAD,
CGO COMPLEX, NEW DELHI - 110003.
REPRESENTED BY THE DIRECTOR GENERAL
4. UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI-110001.
REPRESENTED BY ITS SECRETARY.
BY SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER
Prayer for the interim relief in the writ appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the blacklisting of the appellant's vehicle bearing registration
No. KL-05 AG 8002 as shown in the 'PARIVAHAN' portal, pending disposal of
this Writ Appeal.
This Writ Appeal coming on for admission on 13.08.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
WA No.1058/2021 2/3
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
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W.A.No.1058 of 2021
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Dated this the 13th day of August, 2021
ORDER
S.Manikumar, C.J.
Before the writ court, petitioner has sought for the following
relief:
"(i) Issue a writ of mandamus or any other appropriate
writ order or direction commanding the 1 st respondent to
remove/delete the blacklisting of the petitioner's vehicle
bearing registration No.KL-05 AG 8002 as shown in the
'VAHAN' portal."
Adverting to the submissions and prayer, vide judgment in W.P.
(C)No.6327 of 2021 dated 29.7.2021, writ court declined to grant
the relief.
Though by placing reliance on Rule 167(7) of the Central
Motor Vehicles Rules, 1989, Mr.B.Pramod, learned counsel for the
appellant submitted that blacklisting is not provided anywhere in
the Motor Vehicles Rules and therefore, the impugned judgment
requires to be interfered with, Mr.K.P.Harish, learned Senior
Government Pleader submitted that pursuant to the introduction
WA No.1058/2021 3/3
W.A.No.1058 of 2021
of PARIVAHAN portal, the Central Government have devised a
software by which, in the event of registration of criminal cases,
as regards licence of the offender or registration of a motor
vehicle and for other reasons, blacklisting is permissible and that
is uniformaly followed in the country. In this context, he also
placed reliance on the amendment made to Rule 139 of the
Central Motor Vehicles Rules, 1989.
Writ petition has been disposed of without a statement or
counter affidavit, as the case may be. Hence the Joint Road
Transport Officer, Sub Regional Transport Office, Kuttanad,
Alappuzha (respondent No.1) is directed to file a detailed
statement or counter affidavit, as the case may be, with all
relevant supporting documents.
Post on 1.9.2021.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
13-08-2021 /True Copy/ Assistant Registrar
