Anilkumar vs The Regional Transport Officer
2023 Latest Caselaw 168 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                     WP(C) NO. 381 OF 2023
PETITIONER/S:

            ANILKUMAR
            AGED 51 YEARS
            SON OF VASU NAIR, KOORIYATTIL HOUSE, ARYANBAVU,
            ARIYUR, KOTTOPPADAM, MANNARKKAD, PALAKKAD., PIN -
            678583
            BY ADV I.DINESH MENON


RESPONDENT/S:

    1       THE REGIONAL TRANSPORT OFFICER
            REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
            PALAKKAD., PIN - 678002
    2       THE JOINT REGIONAL TRANSPORT OFFICER
            SUB REGIONAL TRANSPORT OFFICE, MANNARKKAD P.O.,
            MANNARKKAD., PIN - 678583
    3       AUTHORISED SIGNATORY
            KOTAK MAHINDRA PRIME LIMITED, SHORNUR ROAD,
            THRISSUR., PIN - 680001
OTHER PRESENT:

            ADV. JIMMY GEORGE, GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   06.01.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                        -2-
W.P.(C). No. 381 of 2023



                             P.V.KUNHIKRISHNAN, J.
                              ======================================================

                                  W.P.(C) No.381 of 2023
                           =============================================================

                     Dated this the 6th day of January, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i. Issue a writ of mandamus or such other writs, order or direction, directing the 2nd respondent Joint Regional Transport Officer, Mannarkkad to consider Ext.P4 objection submitted by the petitioner as regarding to the taking of possession of vehicle KL 50 G 8233 before considering the question of issuance of fresh Registration Certificate in the name of the financier.

ii. To grant such other reliefs as this Honorable Court may deem fit and proper." (sic)

2. When this writ petition came up for consideration, the

counsel for the petitioner submitted that he will be satisfied if a

direction is issued to consider Ext.P4 objection submitted by the

petitioner as regarding the taking possession of vehicle KL-50/G-

8233 before considering the question of issuance of fresh

registration certificate.

W.P.(C). No. 381 of 2023

3. Heard counsel for the petitioner and the Government

Pleader. No notice is necessary to the 3 rd respondent at this stage.

If the 3rd respondent is aggrieved by any of the directions in this

judgment, 3rd respondent is free to file a review petition.

4. After hearing both sides, I am of the opinion that there

can be a direction to consider Ext.P4. But I make it clear that I

have not considered the matter on merit and the 2 nd respondent is

free to pass appropriate orders, after giving notice to the 3 rd

respondent. All the legal contentions raised by the petitioner in

this writ petition are left open and the same shall be considered

by the 2nd respondent at the time of hearing.

Therefore, this writ petition is disposed of directing the 2 nd

respondent to consider Ext.P4 objection and pass appropriate

orders in it, after giving an opportunity of hearing to the

petitioner and the 3rd respondent, as expeditiously as possible, at

W.P.(C). No. 381 of 2023

any rate, before issuing fresh RC to the 3 rd respondent, if not

already issued.

SD/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 381 of 2023

APPENDIX OF WP(C) 381/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL 50 G 8233 DATED 9.11.2018.

Exhibit P2 TRUE COPY OF THE OBJECTION DATED 22.6.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH ENGLISH TRANSALATION.

Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT HAVING NO.A/645/P..M. DATED 24.12.2022 WITH ENGLISH TRANSLATION.

Exhibit P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.12.2022.