Kerala High Court
Ratheesh Kumar N vs The Regional Transport Officer ... on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
WP(C) NO. 33709 OF 2023
PETITIONER:
RATHEESH KUMAR N
AGED 42 YEARS
S/O P. NEELAKANDAN NAIR, ADWAITHAM, PANDALAM P.O.,
THONNALLOOR, PATHANAMTHITTA, PIN - 689 501.
BY ADVS.
VIJAI MATHEWS
JOSEPH THEKKEKURUVANAL
MUHAMMADALI MANEKKATHODI
RESPONDENTS:
1 THE REGIONAL TRANSPORT OFFICER (RTO)
SUB REGIONAL TRANSPORT OFFICE, ADOOR PATHANAMTHITTA
DISTRICT, PIN - 691 523.
2 THE JOINT RTO
SUB REGIONAL TRANSPORT OFFICE, ADOOR, PATHANAMTHITTA
DISTRICT, PIN - 691 523.
3 STATION HOUSE OFFICER
PERUMBAVOOR POLICE STATION ERNAKULAM DISTRICT,
PIN - 683 542.
4 SHIYAS
AGED 28 YEARS
S/O ISMAIL, PUTHUKKADAN, PATALAPPARAMBU AIRAPURAM,
ERNAKULAM DISTRICT, PIN - 683 541.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 33709/223 :2:
DINESH KUMAR SINGH, J.
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W.P.(C). No. 33709 of 2023
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Dated this the 16th day of October, 2023.
JUDGMENT
The present writ petition has been filed for a writ of mandamus
commanding respondent Nos. 1 and 2 to consider Exhibit P5
representation and to remove the blacklisting of the petitioner's car
bearing registration No. KL 26 K 5855 to enable him to transfer the
registered ownership of the vehicle.
2. The said vehicle has been blacklisted as Exhibit P4 FIR in
Crime No. 1164 of 2023 has been registered by the Perumbavoor
Police against two persons for offences punishable under Sections 406,
420 and 34 IPC. It is alleged that on 26.08.2023, the two persons
named in the FIR had collected Rs.70,000/- from the complainant and
thereafter, driven away the car from an institution named 'AVM Car
Beauty Care'.
3. The learned counsel for the petitioner submits that the
petitioner was not involved in the said crime. But, fact remains that it
is the petitioner's car which was agreed to be sold to the complainant
and from whom Rs.70,000/- was collected. The investigation is still
going on in the said FIR and until the investigation is complete, there is
no question of lifting the blacklisting of the car in question.
4. The question as to whether the petitioner was involved in the
commission of the aforesaid crime or not is a matter of investigation.
But, it was the petitioner's car which was involved in the commission
of offence. Therefore, I find no substance in the writ petition in order
to direct the second respondent to consider the representation of the
petitioner. Once the investigation is completed, if it is found that the
petitioner was not involved in the commission of the aforesaid
offences, blacklisting may be lifted. Accordingly, the present writ
petition is dismissed. However, the police authorities should expedite
the investigation and conclude the same at an early date.
sd/-
DINESH KUMAR SINGH,
JUDGE.
Rv
APPENDIX OF WP(C) 33709/2023
PETITIONER'S EXHIBITS:
Exhibit -P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF
THE VEHICLE BEARING REGISTRATION NO. KL26 K 5855,
DATED 20-05-2019
Exhibit -P2 TRUE COPY OF THE AGREEMENT FOR SALE DATED 15-6-
Exhibit -P3 TRUE COPY OF THE RC STATUS OF THE VEHICLE
BEARING REGISTRATION NO. KL26 K 5855
DOWNLOADED FROM THE WEBSITE OF THE MOTOR
VEHICLES DEPARTMENT, DATED 22-09-2023
Exhibit -P4 TRUE COPY OF THE FIR IN CRIME NO. 1164 OF 2023 OF
PERUMBAVOOR POLICE STATION, DATED 01-9-2023
(WITH ENGLISH TRANSLATION OF RELEVANT PAGES)
Exhibit-P5 TRUE COPY OF THE REPRESENTATION, DATED 16-9-2023
(WITH ENGLISH TRANSLATION)
RESPONDENTS' EXHIBITS: NIL
True Copy
PS To Judge.
rv
