Sajid K.T vs Joint Regional Transport Officer
2022 Latest Caselaw 3569 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
 THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                     WP(C) NO. 8259 OF 2022
PETITIONER:

            SAJID K.T.,S/O. ABU K.T., KULANGARATHODI HOUSE,
            CHENNAMANGALLOOR P.O., MUKKAM, KOZHIKODE 673 602.

            BY ADV K.V.GOPINATHAN NAIR


RESPONDENTS:

    1       JOINT REGIONAL TRANSPORT OFFICER,SUB REGIONAL
            TRANSPORT OFFICE, KODUVALLY, KOZHIKODE 673 572.

    2       NATIONAL INFORMATICS CENTRE,REPRESENTED BY
            DIRECTOR GENERAL, CDAC BUILDING, KELTRON
            COMPOUND, MANAVEEYAM ROAD, NANDAVANAM,
            VELLAYAMBALAM , THIRUVANANTHAPURAM 695 033.

    3       MUHAMMED C.V., S/O. ABU HAJI,CHITTIYAMVEETTIL
            HOUSE, OMASSERY P.O., PUTHUR, KOZHIKODE 673 572.

            BY ADV SAJEEV KUMAR K.GOPAL

            SR.G.P SRI. BIMAL.K.NATH




     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.03.2022, ALONG WITH WP(C).4197/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NOs.4197 of 2022 & 8259 of 2022
                                  2

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                       WP(C) NO. 4197 OF 2022
PETITIONER:

    MUHAMMED C.V,S/O. ABU HAJI, CHITTIYAMVEETIL HOUSE,
    OMASSERY P.O, PUTHUR, KOZHIKODE - 673572.

               BY ADV SAJEEV KUMAR K.GOPAL



RESPONDENTS:

    1          REGIONAL TRANSPORT OFFICER,CIVIL STATION,
               MALAPARAMBA P.O, KOZHIKODE - 673020,

    2          THE SUB INSPECTOR OF POLICE,
               KODUVALLY POLICE STATION, KODUVALLY BUS STAND,
               KODUVALLY P.O, KOZHIKODE - 673572.

    3          ABSUL SALAM ,S/O. SOOPY, THEYYAN HOUSE,
               ANAKAMPOYIL P.O, KOZHIKODE - 673603.

    4          SAJID K.P,KULANGARATHODI HOUSE, CHENNAMANGALOOR
               P.O, KOZHIKODE - 673602.


        THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.03.2022, ALONG WITH WP(C).8259/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NOs.4197 of 2022 & 8259 of 2022
                                        3

                                  JUDGMENT

The petitioner in W.P(C) No.4197 of 2022 was

the registered owner of stage carriage bearing

Registration No.KL 17 B 8646,(hereinafter referred to

as the 'owner'). The petitioner in W.P(C) No.8259 of

2022 claims to be the transferee of the said

vehicle(hereinafter referred to as the 'transferee').

According to the owner, the transferee has caused

transfer of registration of the vehicle in question

effected in his favour by playing fraud and producing

forged documents purporting to be ones executed by

the owner. He seeks for a direction to the

authorities to cancel the certificate of registration

in favour of the transferee. The transferee has

approached this Court alleging inaction on the part

of the authorities to renew the fitness certificate

in respect of the vehicle and seeks for a direction

for renewal of the same.

2. Heard the learned counsel on either sides and

also the senior Government Pleader. W.P(C) NOs.4197 of 2022 & 8259 of 2022

3. The transfer of registration was effected by

the authorities on submission of the documents

mandated under law for transfer including Form 29

application. On production of necessary records as

required under Rule 55 of the Central Motor Vehicles

Rules, the authorities are bound to effect the change

of registration. Though the owner alleges that his

signature in the records produced before the

authorities were forged. Prima facie there was no

material before the authorities to enter any

suspicion that the documents are forged. Therefore,

the authorities have effected change of registration

in favour of the transferee. The authorities cannot

be found fault with regarding the same. Even

otherwise, they could not have adjudicated on the

genuineness of the documents, but for a prima facie

satisfaction. It appears that, on the complaint of

the owner alleging fraud and forgery, a crime has

been registered by the police.

4. According to the transferee, the transfer in

his favour was on 09.04.2021. As per Ext P2, on W.P(C) NOs.4197 of 2022 & 8259 of 2022

15.04.2021 he has obtained permit in respect of the

vehicle in question by replacement. The permit is

valid upto 22.10.2022. The vehicle had been plying

since 15.04.2021. It is on 28.01.2022 that the

petitioner has filed Ext P5 complaint before the 1 st

respondent alleging that fraud has been played on him

and also challenging the transfer. As noticed supra,

the authorities cannot decide upon the genuineness of

the disputed documents relating to transfer produced

before them.

5. In the circumstances as noticed above, it is

for the parties to establish their rights over the

vehicle before a competent Court of law. The vehicle

in question being covered by a permit and plying on

the road, there is no reason why its fitness should

not be renewed in accordance with law. The black

listing of the vehicle upon the complaint of the

owner shall not stand in the way of consideration of

the application for renewal of the fitness. W.P(C) NOs.4197 of 2022 & 8259 of 2022

Accordingly the Writ Petitions are disposed of

as hereunder:

1) The application for renewal of

fitness submitted by the transferee

(petitioner in W.P(C) No.8259 of 2011)

shall be considered in accordance with

law, notwithstanding the black listing of

the vehicle in question, on payment of

the required fee.

2) It is open for the parties to

establish their rival claims of ownership

over the vehicle before a competent court

of law.

3) The grant of fitness in terms of

this judgment will not clothe the

transferee with any special rights in the

dispute of ownership over the vehicle.

Sd/-

SATHISH NINAN, JUDGE vdv W.P(C) NOs.4197 of 2022 & 8259 of 2022

APPENDIX OF WP(C) 8259/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PARTICULARS OF HE REGISTRATION CERTIFICATE.

Exhibit P2 TRUE COPY OF THE REGULAR PERMIT VALID TILL 22.10.2022.

Exhibit P3 TRUE COPY OF THE RECEIPT REGARDING THE REMITTANCE OF FEE DATED 14.2.2022.

Exhibit P4 TRUE COPY OF THE DATA SHEET REGARDING THE BLACK LIST STATUS OBTAINED FROM THE PARIVAHAN WEBSITE.

Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE ORDER OF THIS HONBLE COURT IN WPC NO. 20889 OF 2021 DATED 23.12.2021.

W.P(C) NOs.4197 of 2022 & 8259 of 2022

APPENDIX OF WP(C) 4197/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE STAGE CARRIAGE BEARING REGISTRATION NO.KL- 17B-8646.

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28.01.2022.

Exhibit P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28.01.2022.

Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE JOINT RTO KODUVALLY DATED 28.01.2022.

Exhibit P5 TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF KL-17B-8646 TRANSFERRED TO THE NAME OF SAJID KT.