Kerala High Court
Sreejith C.S vs The Regional Transport Officer, ... on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12388 OF 2024
PETITIONER
SREEJITH C.S
AGED 40 YEARS
S/O SREEDHARAN, CHENGALOOR HOUSE,
NEAR CHENANKULANGARA TEMPLE, CHERPU,
CHAVOOR THRISSUR., PIN - 680561
BY ADV RAJESH CHAKYAT
RESPONDENTS:
1 THE REGIONAL TRANSPORT OFFICER, THRISSUR
CIVIL STATION, AYYANTHOLE,
THRISSUR., PIN - 680003
2 THE STATION HOUSE OFFICER
TOWN WEST POLICE STATION, THRISSUR,
PIN - 680003
3 THE STATION HOUSE OFFICER
CHERPU POLICE STATION,
THRISSUR, PIN - 680561
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.12388 Of 2024
2
JUDGMENT
Dated this the 11th day of April, 2024
The writ petition was filed by the petitioner aggrieved by
the situation that the 1st respondent is not inspecting
petitioner's car for renewal of registration and also for not
issuing duplicate Registration Certificate for the reason that
the car is presently under judicial custody. Since the original
Registration Certificate was lost, the petitioner cannot
approach the Court with a claim petition to release the vehicle
bearing registration No.KL-45B- 0100.
2. The petitioner filed Ext.P2 complaint to the 2nd
respondent. The entire proceedings before the 1st respondent
is over and it was insisted by the 1 st respondent that before
renewal of registration, he has to inspect the car. One
Sunilkumar took away the car and he was arrested by the 3rd
respondent in connection with Crime No.1043/2023 of Cherpu
WP(C) No.12388 Of 2024
Police station and the car was seized and produced before
the Court and the same is now under the judicial custody and
kept with the 3rd respondent.
3. When the above aspect was informed to the 1 st
respondent, the authority insisted for orders from the Court
and orally informed that without orders from the Court, the 1st
respondent cannot inspect the car. Without the original
Registration Certificate, the petitioner cannot approach the
Court and file a claim petition and get the car released,
contends the petitioner.
4. Government Pleader, on instructions, submitted
that since Crime No.1043/2023 of Cherpu Police Station, is
pending before the Judicial First Class Magistrate's Court-1,
Thrissur, inspection can be conducted if the competent
Court gives permission.
5. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing the
WP(C) No.12388 Of 2024
respondents.
6. The petitioner can claim custody of the vehicle if
the petitioner produces Registration Certificate. The original
Registration Certificate is missing. Only if the petitioner
produces a duplicate Registration Certificate, the petitioner
can approach the competent Criminal Court for custody of
the vehicle. To obtain duplicate Registration Certificate, the
petitioner has to get a Fitness Certificate in respect of the
vehicle. It is for that limited purpose, the petitioner seeks a
direction to the 1st respondent-Regional Transport Officer to
inspect the vehicle.
7. Taking into consideration the entire facts of the
case, I am of the view that for the said limited purpose the
petitioner need not be driven to the jurisdictional Criminal
Court as the petitioner is already before this Court. If the
Regional Transport Officer makes an inspection of the
vehicle that will not in any manner affect the criminal
WP(C) No.12388 Of 2024
proceedings pending.
In view of the above, the writ petition is disposed of
directing the 1st respondent to inspect the vehicle of the
petitioner, which is now with the 3rd respondent, for the
limited purpose of renewal of registration. Such an
inspection shall be conducted within a period of one month.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.12388 Of 2024
APPENDIX OF WP(C) 12388/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTRATION
CERTIFICATE OF CAR BEARING
REGISTRATION NO. KL 45B 0100
Exhibit P2 A TRUE COPY OF THE NO OBJECTION
CERTIFICATE ISSUED BY THE FINANCIER
DATED 31.05.2023
Exhibit P3 A TRUE COPY OF THE COMPLAINT FILED
BEFORE THE 2ND RESPONDENT DATED
04.07.2023
Exhibit P4 A TRUE COPY OF THE DECLARATION
SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 04.07.2023
Exhibit P5 A TRUE COPY OF THE ENQUIRY REPORT
ISSUED BY THE 2ND RESPONDENT DATED
12.07.2023
Exhibit P6 A TRUE COPY OF THE RECEIPT DATED
01.11.2023 SHOWING REMITTANCE OF TAX
