Lakshmanan Girish vs The Deputy Transport ...
2023 Latest Caselaw 2904 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                    WP(C) NO. 8580 OF 2023

PETITIONER/S:

           LAKSHMANAN GIRISH
           AGED 44 YEARS
           S/O LAKSHMANAN, CHOOLPATTU (H),
           MANNOOR WEST POST, OTTAPPALAM ,
           PALAKKAD DISTRICT., PIN - 678642

           BY ADVS.
           V.H.JASMINE
           RAHMATH C.A.
           SHIJI P.S.
           THASNIMOL T.S.

RESPONDENT/S:

    1      THE DEPUTY TRANSPORT COMMISSIONER
           CENTRAL ZONE, THRISSUR, CIVIL STATION,
           CIVIL LANE ROAD, KALYAN NAGAR,
           AYYANTHOLE, THRISSUR, PIN - 680003

    2      THE JOINT REGIONAL TRANSPORT OFFICER
           SUB REGIONAL TRANSPORT OFFICE, OTTAPPALAM,
           KANNIYAMPURAM, OTTAPPALAM, KERALA., PIN - 679521

    3      THE ADDITIONAL REGISTERING AUTHORITY
           OTTAPPALAM, KANNIYAMPURAM, OTTAPPALAM,
           KERALA, PIN - 679521

    4      THE STATION HOUSE OFFICER
           OTTAPPALAM POLICE STATION,
           OTTAPPALAM, KERALA, PIN - 679101

    5      SHAJIMON K
           AGED 50 YEARS
           S/O LAKSHMANAN, CHOOLPATTU (H),
           MANNOOR WEST POST, OTTAPPALAM ,
 W.P.(C) No. 8580 of 2023

                                 2




               PALAKKAD DISTRICT., PIN - 678642

      6        SUNILKUMAR
               AGED 57 YEARS
               S/O KRISHNAN, KRISHNA VIHAR,
               MUNDOOR P.O, PALAKKAD DISTRICT,
               PIN - 678592



               SRI. T.R. RENJITH, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 8580 of 2023

                                          3




                                    JUDGMENT

The petitioner claims that he is the registered owner of an Innova car

bearing registration No.KL-09-W-6087. He asserts that the aforesaid vehicle

was purchased by him in the year 2012 from the 6th respondent. The 5th

respondent is the brother of the petitioner. It is stated that, as the petitioner

was going abroad, he had entrusted the entire documents in respect to the

above vehicle with his brother. Later, the petitioner realized that the vehicle

was registered in the name of his brother. The petitioner states that when

the petitioner submitted an application for transfer of ownership, his brother

filed an objection. Later, on 31.10.2022, the registration was transferred to

the name of the petitioner. The grievance of the petitioner is that later, the

registration was canceled by invoking Section 55(5) of the Motor Vehicles Act

based on an enquiry report submitted by the 4th respondent. The petitioner

states that being aggrieved by Ext.P14 order, he has preferred Ext.P16

appeal along with Ext.P17 stay petition before the 1st respondent. It is in the

afore circumstances that this writ petition is filed seeking the following

reliefs:

i. issue a writ of mandamus or any other appropriate writ order, W.P.(C) No. 8580 of 2023

or direction or to the 1st respondent to consider Ext.P16 appeal in a time bound manner.

ii. To call for the records leading to Ext.P14 order and issue an order, or direction or a writ in the nature of certiorari to quash Ext.P16 order dated 10.01.2023 by the respondent No.3.

2. Smt. Jasmine, the learned counsel appearing for the petitioner,

submits that direction be issued to the 1st respondent to expeditiously

consider Ext.P16 appeal and take a decision within a timeframe.

3. In the nature of the order that I propose to pass, notice to the

party respondents is dispensed with.

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

a) The 1st respondent is directed to take up, consider and

pass appropriate orders on Ext.P16, after affording an

opportunity of being heard, either physically or virtually, to the

petitioner herein or his authorised representatives and the party

respondents. It is made clear that this Court has not expressed W.P.(C) No. 8580 of 2023

any opinion on the merits or otherwise of the claims made by

the petitioner, and it would be open to the 1st respondent to

consider the grievance on its merits.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of two months from the date of

production of a copy of this judgment.

c) If an application for expeditious consideration of Ext.P17 stay

petition is filed, the 1st respondent shall consider the same and

take a decision within a period of two weeks from the date of

making such request.

d) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

The writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE NS W.P.(C) No. 8580 of 2023

APPENDIX OF WP(C) 8580/2023

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE DOCUMENT FORM 30 (REPORT OF TRANSFER OF OWNERSHIP OF MOTOR VEHICLE) SIGNED BY RESPONDENT NO.5 IN FAVOUR OF THE PETITIONER Exhibit P2 FORM OF NOTICE OF TRANSFER OF OWNERSHIP OF MOTOR VEHICLE SIGNED BY THE 5TH RESPONDENT IN FAVOUR OF THE PETITIONER Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REG NO. KL-09-W-6087 ISSUED IN FAVOUR OF THE PETITIONER ISSUED BY THE REGISTERING AUTHORITY, OTTAPPALAM DATED 31.10.2022 Exhibit P4 TRUE COPY OF THE INSURANCE CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER WITH POLICY NO. 3008023122P10724546811 DATED 04/01/2023 Exhibit P5a TRUE COPY OF THE OF PAYMENT RECEIPT ISSUED BY TOYOTA DEALERSHIP V.P.K MOTORS PRIVATE LIMITED, PORIYANI, MUNDUR, PALAKKAD DATED 26/08/2013 Exhibit P5b TRUE COPY OF THE OF PAYMENT RECEIPT ISSUED BY TOYOTA DEALERSHIP V.P.K MOTORS PRIVATE LIMITED, PORIYANI, MUNDUR, PALAKKAD DATED 16/07/2014 Exhibit P5c TRUE COPY OF THE OF PAYMENT RECEIPT ISSUED BY TOYOTA DEALERSHIP V.P.K MOTORS PRIVATE LIMITED, PORIYANI, MUNDUR, PALAKKAD DATED 17/07/2015 Exhibit P5d TRUE COPY OF THE OF PAYMENT RECEIPT ISSUED BY TOYOTA DEALERSHIP V.P.K MOTORS PRIVATE LIMITED, PORIYANI, MUNDUR, PALAKKAD DATED 11/03/2016 Exhibit P5e TRUE COPY OF THE OF PAYMENT RECEIPT ISSUED BY TOYOTA DEALERSHIP V.P.K MOTORS PRIVATE LIMITED, PORIYANI, MUNDUR, PALAKKAD DATED 06/05/2017 W.P.(C) No. 8580 of 2023

Exhibit P5f TRUE COPY OF THE OF PAYMENT RECEIPT ISSUED BY TOYOTA DEALERSHIP V.P.K MOTORS PRIVATE LIMITED, PORIYANI, MUNDUR, PALAKKAD DATED 04/05/2018 Exhibit P5g TRUE COPY OF THE OF PAYMENT RECEIPT ISSUED BY TOYOTA DEALERSHIP V.P.K MOTORS PRIVATE LIMITED, PORIYANI, MUNDUR, PALAKKAD DATED 03/12/2019 Exhibit P5h TRUE COPY OF THE OF PAYMENT RECEIPT ISSUED BY TOYOTA DEALERSHIP V.P.K MOTORS PRIVATE LIMITED, PORIYANI, MUNDUR, PALAKKAD DATED 06/09/2021 Exhibit P5i TRUE COPY OF THE OF PAYMENT RECEIPT ISSUED BY TOYOTA DEALERSHIP V.P.K MOTORS PRIVATE LIMITED, PORIYANI, MUNDUR, PALAKKAD DATED 30/12/2021 Exhibit P5j TRUE COPY OF THE OF PAYMENT RECEIPT ISSUED BY TOYOTA DEALERSHIP V.P.K MOTORS PRIVATE LIMITED, PORIYANI, MUNDUR, PALAKKAD DATED 30/12/2022 Exhibit P6 TRUE COPY OF THE DETAILED EXPLANATION SUBMITTED BY THE PETITIONER ON 19.11.2022 Exhibit P7 TRUE COPY OF THE LETTER NO. C4/1649/2021/PO) DATED 17/12/2022 Exhibit P8 TRUE COPY OF THE SHOW CAUSE NOTICE NO.

C4/1649/2021/PO DATED 22/12/2022 Exhibit P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26/12/2022 Exhibit P10 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.12.2022 Exhibit P11 TRUE COPY OF THE APPLICATION DATED 03/01/2023 Exhibit P12 TRUE COPY OF THE COMPLAINANT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 13/08/2021 Exhibit P13 TRUE COPY OF THE INVESTIGATION REPORT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 16/12/2022 W.P.(C) No. 8580 of 2023

Exhibit P14 TRUE COPY OF THE ORDER NO. C4/1649/2021/PO DATED 10/01/2023 Exhibit P15 TRUE COPY OF THE STATUS OF VEHICLE NO.

KL-09-W-6087 DATED 10/01/2023 Exhibit P16 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER DATED 28/01/2023 Exhibit P17 TRUE COPY OF THE STAY PETITION DATED 30/01/2023 Exhibit P18 TRUE COPY OF THE MEMO OF DOCUMENTS DATED 01/02/2023

RESPONDENT(S) EXHIBITS : NIL