K.H.Ummer vs The Registering Authority/ ...
2021 Latest Caselaw 5541 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                      WP(C).No.15701 OF 2019(K)


PETITIONERS:

      1        K.H.UMMER
               AGED 52 YEARS
               S/O. HAMEED, KURIKKALPEEDIKA HOUSE, S.N. ROAD,
               CHAZHOOR P.O, THRISSUR.

      2        ADDL.P2. P.K.SHEENA,
               AGED 48 YEARS, W/O. LATE K.H. UMMER, KUREEKALPEEDIKA,
               CHAZHOOR.P.O., THRISSUR.
               (THE LEGAL HEIR OF DECEASED SOLE PETITIONER IS
               IMPLEADED AS ADDL.2ND PETITIONER AS PER ORDER
               DATED27-09-2019 IN I.A. 1/2019).

               BY ADV. SRI.I.DINESH MENON

RESPONDENTS:

      1        THE REGISTERING AUTHORITY/ REGIONAL TRANSPORT OFFICER
               THRISSUR-680003.

      2        REENA N.V,
               W/O. JOHNSON, VAZHAPARAMBAN HOUSE, MARATHAKKARA P.O,
               THRIKKUR, THRISSUR-680306.

      3        THE DEPUTY TRANSPORT COMMISSIONER,
               CENTRAL ZONE II, THRISSUR-680003.

               R2 BY ADV. SRI.K.V.GOPINATHAN NAIR

OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.15701 OF 2019(K)
                                        2




                                JUDGMENT

Dated this the 16th day of February 2021

The petitioner herein approached this Court earlier by

filing WP (C) No. 28089 of 2018. His grievance was that

the vehicle that belonged to the second respondent was

altered in breach of the Act and Rules. This Court by

Ext.P7 order directed as follows:

" i) The request made by the petitioner in Ext.P10 for alteration of her vehicle bearing registration No.KL-4/R- 2149, covered by Ext.P1 certificate of registration, shall be considered by the respondent Regional Transport Officer, with notice to the petitioner in both the writ petitions and inspecting the vehicle and also the documents like tax invoice for purchase of engine block, etc."

2. Pursuant to the above direction, Ext.P8 was

passed by RTO. This order is under challenge on the

ground that none of the arguments advanced by the

original petitioner in the writ petition was considered and

they do not reflect in the impugned proceedings. It was

also contended at the time of arguments that the WP(C).No.15701 OF 2019(K)

petitioner was not given notice of hearing and was not

heard. According to the petitioner, he has filed Ext.P10

application dated 01.06.2019 wherein, it was contended

that inspection was conducted by the Motor Vehicle

Inspector without notice to him.

3. This was vehemently opposed by the learned

Counsel for the second respondent contending that the

petitioner and the second respondent were heard and the

order was passed on merits. It does not suffer from any

vitiating circumstances. The only intention of the

petitioner is to harass the second respondent.

4. It seems that by Ext.P8 order, sanction was

accorded for the alteration of the vehicle, Grantee was

directed to produce the vehicle before the Assistant Motor

Vehicle Inspector, Thrissur for inspection, after making

necessary alteration along with records of the vehicle. It

was noted that as per the report of Motor Vehicle

Inspector dated 17.12.2018, new engine block of the

same model fitted in the vehicle and the engine number

locally carved.

WP(C).No.15701 OF 2019(K)

5. Though the learned Counsel for the petitioner

specifically contended at the time of argument, that he

was not heard, no such contention is seen set up in the

writ petition. It is also not mentioned in Ext.P10 except

stating that the inspection of vehicle by the Assistant

Motor Vehicle Inspector was without notice to him.

However, from the impugned order it is not clear whether

the authority who was directed to inspect the vehicle, as

well as to verify the documents like tax invoice for

purchase of engine block etc. had infact done that. This

is not reflected in the impugned order.

6. On this ground, without going into the basic

issue as to whether there was an alteration of the vehicle,

I am inclined to dispose of the writ petition with a

direction to the first respondent to take up the matter on

06.03.2021 at 10 a.m. and after giving a reasonable

opportunity of being heard to both parties and pass

appropriate orders strictly in compliance with the

direction No.1 in paragraph 11 of Ext.P7. It shall also be

reflected in the orders to be passed. Appropriate orders WP(C).No.15701 OF 2019(K)

shall be passed thereafter within 10 days from the date of

appearance. If for any valid reason beyond the control of

the authority, he is unable to hear the matter on

06.03.2021, it shall be adjourned to another specified

date with notice to both sides.

7. It is made clear that no further notice be issued

for the appearance of the parties directed to be held on

06.03.2021 unless, for any other reason beyond the

control of the first respondent, the hearing is adjourned

to another date, which shall only be with notice to both

sides.

The writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE

SKP/16-2 WP(C).No.15701 OF 2019(K)

APPENDIX PETITIONERS'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITIONERS PERMIT DATED 16.12.2017.

EXHIBIT P2 TRUE COPY OF THE TIME SHEET OF THE PETITIONER DATED 12.11.2013.

EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 25.5.2018.

EXHIBIT P4 TRUE COPY OF THE DATED 4.7.2018.

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 13.7.2018.

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS DATED 13.9.2018.

EXHIBIT P7 TRUE COPY OF THE COMMON JUDGMENT IN WPC NO.28089 AND 31270 OF 2018 DATED 29.11.2018.

EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS OF 2ND RESPONDENT DATED NIL.

EXHIBIT P9 TRUE COPY OF THE REPORT OF THE FILED OFFICER,

EXHIBIT P10 TRUE COPY OF THE COMPLAINT BEFORE THE DTC.

DT. 1.6.2019

EXHIBIT P10 THE TRUE COPY OF THE DEATH CERTIFICATE DATED 25.6.19

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE