Subairath.S vs Sub Regional Transport Officer
2021 Latest Caselaw 368 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                      WP(C).No.24737 OF 2020(N)


PETITIONER:

               SUBAIRATH.S
               AGED 41 YEARS
               W/O. ALAVUDEEN,
               THANNIVILA VEEDU,
               CHELIKUZHY P.O.
               KADUVATHODU,
               KOLLAM 691 556.

               BY ADV. SRI.L.RAJESH NARAYAN

RESPONDENTS:

      1        SUB REGIONAL TRANSPORT OFFICER
               SUB REGIONAL TRANSPORT OFFICE,
               KAYAMKULAM, PUNALUR RD,
               VILAKKUVETTOM,
               PUNALUR 691 305.

      2        DISTRICT POLICE CHIEF,
               O/O THE DISTRICT POLICE CHIEF,
               KOLLAM 691 001.

      3        CIRCLE INSPECTOR OF POLICE,
               PATHANALURAM,
               KOLLAM 691 001.

      4        MUMTHAZ,
               AGED 20 YEARS
               W/O. MOHAMMED SHEMEER, MUMTAZ, MANZIL,
               CHELIKUZHI P.O PATTAZHI,
               VADAKKEKARA VILLAGE,
               PATHANAPURAM 691 001.



               SENIOR GOVERNMENT PLEADER SRI. K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24737 OF 2020(N)

                                  2

                            JUDGMENT

Dated this the 6th day of January 2021

The petitioner herein claims to be the owner of vehicle

KL 25 N 7888 having purchased it from the registered owner,

the 4th respondent who is the wife of her brother. The

vehicle was purchased by availing a loan from a financier. It

is stated by the petitioner that she has cleared all

outstanding due but the 4th respondent is not consenting to

the transfer of ownership. It is also stated that Ext.P7

application submitted by her is kept pending in the light of

above.

2. When the matter was taken up for consideration,

the learned Counsel for the petitioner submitted that after

the filing of the writ petition, the 4 th respondent has agreed

to give her consent for the transfer. This is recorded.

Accordingly, the writ petition is disposed of with a direction

to the Joint Regional Transport Officer to consider Ext.P7

application along with any consent letter from the 4 th WP(C).No.24737 OF 2020(N)

respondent, if produced in the meanwhile. The decision shall

be taken after giving notice to the 4th respondent as

expeditiously as possible at any rate within a period of one

month from the date of production of a copy of this

judgment.

Sd/-

SUNIL THOMAS JUDGE AJ/06.01.2021 WP(C).No.24737 OF 2020(N)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE CERTIFICATE OF REGISTRATION.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE BANK PASSBOOK,

EXHIBIT P3 TRUE COPY OF THE AGREEMENT FOR SALE DATED 3.9.2020 WITH THE STATEMENT.

EXHIBIT P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 23.9.2020.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 7.10.2020.

EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 2.10.2020 .

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 30.10.20.