Kerala High Court
Arun Devaraj vs The Regional Transport Officer on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 13723 OF 2024
PETITIONER:
ARUN DEVARAJ,
AGED 30 YEARS,
S/O DEVARAJAN, ARUN BHAVANAM,
VARENICKAL, THEKKEKKARA P.O,
THEKKEKARA VILLAGE, MAVEIKARA TALUK,
ALAPPUZHA DISTRICT, PIN - 690107
BY ADVS.
AJITH MURALI
SWAPNA VIJAYAN
MOHANAN M.K.
RESPONDENTS:
1 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE,
MAVEILKKARA TALUK,
ALAPPUZHA DISTRICT, PIN - 690101
2 RENUKA SURESH,
AGED 28 YEARS,
W/O SURESH, AMBALAVILA VADAKKETHIL,
CHUNNAKARA P.O,
CHUNNAKARA NADUVILE MURI, C
HUNAKARA VILLAGE, MAVELIKKARA TALUK ,
ALAPPUZHA DISTRICT, PIN - 690534
BY ADV.
SRI.S.GOPINATHAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.13723/2024
:2:
JUDGMENT
Dated this the 4th day of April, 2024
The petitioner is the registered owner of JCB
(Excavator) bearing registration No.KL-13U-5808. The
petitioner has purchased the above vehicle in the year 2010
under the hypothecation of the Sakthi Finance Ltd. The
petitioner is having some financial dispute with the 2 nd
respondent. The 2nd respondent has filed a Civil Suit before
the Munsiff Court, Mavelikkara against the petitioner and his
father, and the Munsiff Court has issued interim order
staying alienation of vehicle till the disposal of the Suit.
2. As per the interim order in the Suit, the 1 st
respondent has locked the status of the petitioner's vehicle
and restrained transfer of vehicle, and it can be seen in the
online status of the vehicle. The 1 st respondent locked the
Ext.P2 status record of the vehicle showing O.S.No.316 of
2017 - 'Not to transfer the vehicle until further orders'.
Therefore, the petitioner is unable to even pay insurance
premium and hence it is not possible to use the vehicle. On
07.05.2023, the 2nd respondent has withdrawn the Suit by
way of filing a not press memo before the Munsiff Court,
Mavelikkara. The Munsiff Court accepted the not press
memo filed by the 2nd respondent and dismissed the Suit as
not pressed and passed Ext.P3 order.
3. Thereafter the petitioner approached the
1st respondent and submitted Ext.P3 order and requested to
take appropriate proceedings for removing the locked
status in respect of the vehicle. The 1 st respondent assured
that he would do the same soon. But even after repeated
requests, the 1st respondent has not taken any steps to
remove the locked status of the vehicle. Without removing
the locked status of the vehicle, the petitioner is unable to
handover the vehicle to anybody. So, the petitioner has
again approached the 1st respondent and submitted Ext.P4
representation along with copy of the Ext.P3 order
requesting the 1st respondent to take appropriate
proceedings to remove the locked status of the vehicle.
4. Hence, it is highly necessary to issue a direction
directing the 1st respondent to consider Ext.P4
representation and to take necessary action to remove the
locked status in respect of the petitioner's JCB (Excavator)
bearing registration No. KL-13U-5808 on the basis of
Ext.P3 order. Hence, the petitioner has filed this writ
petition.
5. Government pleader submitted that the system
was locked in view of O.S. No.316 of 2017 pending before
the Court of the Munsiff, Mavelikkara. The petitioner
submits that the Suit was dismissed as not pressed as per
Ext.P3. If that is true, the system can be unlocked and the
petitioner's application can be considered after hearing the
2nd respondent.
In view of the afore facts, the writ petition is
disposed of directing the 1st respondent to consider the
question of unlocking of the system/portal and to consider
Ext.P4 representation and take appropriate decision
thereon within a period of three weeks after giving an
opportunity of hearing to the 2nd respondent, if necessary.
Sd/-
N. NAGARESH
JUDGE
SR
APPENDIX OF WP(C) 13723/2024
PETITIONER'S EXHIBITS:
Exhibit-P1 THE TRUE COPY OF THE REGISTRATION
CERTIFICATE OF THE PETITIONER'S
VEHICLE BEARING NO. KL-13 U -5808.
Exhibit-P2 THE TRUE COPY OF THE ONLINE STATUS
REPORT OF THE PETITIONER'S VEHICLE
ISSUED BY THE 1ST RESPONDENT.
Exhibit-P3 THE TRUE COPY OF THE ORDER IN O.S
NO.316/2017 OF MUNSIFF COURT,
MAVELIKKARA DATED 07.06.2023.
Exhibit-P4 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT DATED 27.03.2024.
