Kerala High Court
Banazeer Riyas vs The Additional Registring Authority on 1 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 456 OF 2022
PETITIONER:
BENAZEER RIYAS,
AGED 42 YEARS,
S/O. KUNHAYANKUTTY,
RIYAS MANZIL,
NADUVANNUR, KOYILANDY,
KOZHIKODE-673614.
BY ADVS.
SMT.NEETHU SOMAN
SMT.RASHMI.K.V
RESPONDENTS:
1 THE ADDITIONAL REGISTERING AUTHORITY,
KODUVALLY, JOINT REGIONAL TRANSPORT OFFICE,
KOYILANDY P.O.,
KOZHIKODE-673572.
2 MUHAMMED MAHI ABOOBACKER,
S/O. KOYAMU, KARUVARAKODE HOUSE,
MANIPURAM P.O.,
KODUVALLY, KOZHIKODE-673572.
BY ADVS.
SRI.S.GOPINATHAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2024, ALONG WITH WP(C).44143/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.456/2022 & 44143/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF FEBRUARY 2024/12TH MAGHA, 1945
WP(C) NO. 44143 OF 2023
PETITIONER:
BANAZEER RIYAS,
AGED 44 YEARS,
RIYAS MANZIL,
NADUVANNUR, K OYILANDY,
KOZHIKODE, PIN - 673614
BY ADV K.V.RASHMI
RESPONDENTS:
1 THE ADDITIONAL REGISTRING AUTHORITY,
KODUVALLY,
JOINT REGIONAL TRANSPORT OFFICE,
KOYILANDY P.O.,
KOZHIKODE, PIN - 673572
2 MUHAMMED MAHI ABOOBACKER,
S/O KOYAMU,
KARUVARAKODE HOUSE,
MNIPURAM P.O.,
KODUVALLY,
KOZHIKODE., PIN - 673572
BY ADVS.
SRI.S.GOPINATHAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2024, ALONG WITH WP(C).456/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.456/2022 & 44143/2023
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JUDGMENT
Dated this the 1st day of February, 2024
[W.P.(C) Nos.456 of 2022 and 44143 of 2023]
The petitioner, who is a bonafide purchaser of
Heavy Goods Carriage Vehicle bearing registration
No.KL-57E-9076, filed this writ petition seeking to direct the
1st respondent-Additional Registering Authority, Koduvally to
accept the application for renewal of Fitness Certificate and
inspect the vehicle KL-57E-9076 notwithstanding the
objections raised by the registered owner, within a time
frame.
2. W.P.(C) No.456 of 2022 was filed seeking
Fitness Certificate for the year 2022-'23. Subsequently, the
petitioner filed W.P.(C) No.44143 of 2023 seeking to direct
the 1st respondent-Additional Registering Authority to
inspect the vehicle KL-57E-9076 so as to enable the
W.P.(C) Nos.456/2022 & 44143/2023
petitioner to run and operate the vehicle within a time frame.
The petitioner sought to direct the 1 st respondent to accept
application for renewal of Fitness Certificate in respect of
the vehicle for the year 2023-'24.
3. When W.P.(C) No.44143 of 2023 came up for
admission on 03.01.2024, this Court issued urgent notice
on admission by speed post to the 2 nd respondent, who is
the registered owner of the vehicle. On 11.01.2024, taking
into consideration the interim orders passed in similar
cases, this Court directed the respondents that the
application submitted by the petitioner for renewal of
Fitness Certificate shall be provisionally accepted.
4. The counsel for the petitioner submits that the
objection of the registered owner need not be considered at
the time of renewal of Fitness Certificate as sought for by
the petitioner. The statutory provision as far as renewal of
Fitness Certificate is concerned, Section 56 of the Motor
Vehicles Act, 1988 doesn't mandate that the application for
renewal of Fitness Certificate should be submitted by the
W.P.(C) Nos.456/2022 & 44143/2023
registered owner alone. The petitioner relied on a Division
Bench judgment of this Court in AnilKumar S. v. Secretary
Regional Transport Authority, Kollam (2010 (1) KLT 758)
in support of the petitioner's case.
5. Senior Government Pleader entered appearance
and resisted the writ petitions filing a Statement. The Senior
Government Pleader submitted that in W.P.(C) No.44143 of
2023, this Court passed an interim order inspite of
objections of the respondents, directing the respondents to
provisionally accept the application for renewal of Fitness
Certificate of the petitioner. In fact, when the interim order
was passed, there was pending application for renewal of
Fitness Certificate. The petitioner produced application for
renewal only on 25.01.2024. However, in deference to the
orders of this Court, the respondents have considered the
application and has allowed the application extending the
period of Fitness Certificate up to 24.01.2025 provisionally.
6. I have heard the learned counsel for the
petitioner and the learned Senior Government Pleader.
W.P.(C) Nos.456/2022 & 44143/2023
7. The application of the petitioner is for renewal of
Fitness Certificate. Though the petitioner submitted the
application for renewal for the year 2023-'24 only on
25.01.2024, the respondents have, pursuant to the interim
orders of this Court, now issued provisional Fitness
Certificate which is valid up to 24.01.2025. Though notice
has been issued to the 2nd respondent in the writ petition,
there is no appearance by the 2nd respondent.
8. I find that the application submitted by the
petitioner is only for a Fitness Certificate in respect of the
vehicle. In the ordinary course, the fitness of a vehicle is
not related to the ownership of the vehicle. If parties have
any dispute regarding the ownership of the vehicle, they
have to resort to appropriate Civil remedies for redressal of
their grievances.
Taking into consideration the fact that the
petitioner's Fitness Certificate has been renewed till
25.01.2025, these writ petitions are disposed of recording
the said submission. It will be open to the 2 nd respondent to
W.P.(C) Nos.456/2022 & 44143/2023
agitate his grievance before appropriate forum, if he is
aggrieved.
Sd/-
N. NAGARESH
JUDGE
SR
W.P.(C) Nos.456/2022 & 44143/2023
APPENDIX OF WP(C) 456/2022
PETITIONER'S EXHIBITS:
S
Exhibit P1 TRUE COPY OF THE RC BOOK OF KL-57 E
9076.
Exhibit P2 TRUE COPY OF THE SALE AGREEMENT DATED
17.9.2019.
Exhibit P3 TRUE COPY OF THE FITNESS OF VEHICLE
KL-57 E 9076.
Exhibit P4 TRUE COPY OF THE ORDER EXTENDING
FITNESS BY THE CENTRAL GOVERNMENT
DATED 30.9.2021.
Exhibit P5 TRUE COPY OF THE DECISION IN 2010(1)
KLT 758.
W.P.(C) Nos.456/2022 & 44143/2023
APPENDIX OF WP(C) 44143/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE RC BOOK OF THE
VEHICLE REGISTRATION NUMBER KL 57 E
Exhibit 2 TRUE COPY OF THE SALE AGREEMENT DATED
17-05-2019 AND ENGLISH TRANSLATION
Exhibit P2 TRUE COPY OF THE SALE AGREEMENT DATED
17-05-2019
Exhibit P3 TRUE COPY OF THE INTERIM ORDER IN
WP(C)456/2022 DATED 07-01-2022
Exhibit P4 TRUE COPY OF THE CONDITION OF THE
VEHICLE DOWNLOADED FROM THE PARIVAHAN
SITE OF THE CENTRAL GOVERNMENT
