Jahufar Rawther Abdul Aziz vs The Sub Regional Transport ...
2023 Latest Caselaw 1534 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                         WP(C) NO. 1906 OF 2023
PETITIONER/S:

          JAHUFAR RAWTHER ABDUL AZIZ
          AGED 63 YEARS
          S/O ABDHUL AZIZ
          PROPRIETOR, KP XV/735-739, NEW RAJEENA TEXTILES,
          KADAKKAL PO, KOLLAM DISTRICT, PIN - 691536

          BY ADV ARUN MATHEW VADAKKAN



RESPONDENT/S:

    1     THE SUB REGIONAL TRANSPORT OFFICER (REGISTERING
          AUTHORITY)
          SUB REGIONAL TRANSPORT OFFICER, CHADAYAMANGALAM,
          KOLLAM DISTRICT, PIN - 691534

    2     NIPPON MOTOR CORPORATION PVT.LTD,
          PARAKULAM JUNCTION, KOTTIYAM PO.
          N.H.ROAD, KOLLAM, PIN - 691571

          GP SRI. SUNIL KUMAR KURIAKOSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1906 OF 2023
                                    2

                             JUDGMENT

The petitioner has approached this Court seeking directions to

the 2nd respondent to deliver the petitioner vehicle covered by Ext.P2

temporary certificate of registration.

2. Learned Government Pleader informs that already

instructions have been issued to the authorities.

This Court is flooded with such type of writ petitions and already

issued a general instruction. In case, if any other case, despite having

issued general instructions, is presented before this Court, this Court

may be constrained to take action by summoning the Secretary

transport and Minister Transport as it is a clear case of harassment to

the owners, who have opted for purchasing a number of their choice.

In other words, it is a deviation to the statutory provisions of Section

43 of the Motor Vehicles Act.

Sd/-

sab                                               AMIT RAWAL

                                                    JUDGE
 WP(C) NO. 1906 OF 2023


                APPENDIX OF WP(C) 1906/2023

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE PRO FORMA INVOICE DATED
                      07.11.2022

Exhibit P2            TRUE COPY OF THE TEMPORARY CERTIFICATE

OF REGISTRATION DATED 07.01.2023 TO THE PETITIONER

Exhibit P3 TRUE COPY OF THE E RECEIPT DATED 07.01.2023 ISSUED BY 1ST RESPONDENT

Exhibit P4 TRUE COPY OF THE POLICY INSURANCE VALID FROM 05.01.2023 TO 04.01.2026 OF PETITIONER'S VEHICLE BEARING ENGINE NO.2AR2827747

Exhibit P5 TRUE COPY OF THE TAX LICENSE GRANTED UNDER SEC.4(3)(A) OF THE KERALA MOTOR VEHICLE TAXATION ACT,1976 FOR A PERIOD FROM 0.01.2023 TO 31.12.2037

Exhibit P6 TRUE COPY OF ORDER DATED 23.11.2022 IN W.P.(C) NO. 37193 OF 2022 OF THIS HON'BLE COURT