Kerala High Court
Fathima Jahafar vs Union Of India on 21 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 9506 OF 2024
PETITIONER:
FATHIMA JAHAFAR,
AGED 39 YEARS, W/O. JAHAFAR,
KEEZHUTTA KANDATHUVAYAL,
VELLAMUNDA P.O., WAYANAD - 670731.
BY ADVS.
ARUN LUCKOSE ABRAHAM
PHILIA KOSHY
M.S.SARUN
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NEW DELHI, PIN - 110001.
2 NATIONAL INFORMATICS CENTRE,
REPRESENTED BY ITS DEPUTY DIRECTOR GENERAL,
C-DAC BUILDING,VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695033.
3 STATE OF KERALA,
MOTOR VEHICLE DEPARTMENT
REPRESENTED BY IS TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWER, VAZHUTHACAUD, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014.
4 TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWER, VAZHUTHACAUD, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014.
W.P.(C)No.9506 of 2024
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5 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION
KALPETTA. WAYANAD, PIN - 673592.
6 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE,
MANTHAVADY KELLUR P.O.,
WAYANAD, PIN - 670645.
7 AMINA,
W/O.M.K.MEETHIYAN
MENACHERY HOUSE, SOUTH ADUVASSERY,
SOUTH ADUVASSERY.P.O, KUNNUKAR VILLAGE,
PARAVUR TALUK, PIN - 683578.
BY ADVS.
SRI.BINOY DAVIS, GOVERNMENT PLEADER
SRI.T.C.KRISHNA, CENTRAL GOVERNMENT COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.9506 of 2024
:3:
JUDGMENT
Dated this the 21st day of May, 2024
The petitioner is the owner in possession of a Maruti
Swift Dzire Car bearing registration No.KL-42E-4672. Ext.P1
is the Certificate of Registration. The petitioner bought this
car in the year 2013 from 7th respondent and it is under the
ownership and possession of the petitioner till now. The
petitioner is paying insurance of the vehicle.
2. All documents related to the car bearing
registration No.KL-42E-4672 is in the name of the petitioner.
In the year 2017, the petitioner was shocked to see Exts.P3
and P4 letters from the 6th respondent that there is a pending
case relating to her vehicle. The petitioner was not aware of
any cases relating to the vehicle. The petitioner appeared
before the 6th respondent and submitted all documents
relating to the vehicle and tried to convince the 6 th
respondent.
3. Thereafter, there was no communication from any
authorities. Subsequently, the petitioner tried to sell the
vehicle and she was shocked to see that her vehicle is found
not transferable and status of the vehicle is locked due to the
pendency of W.P.(C) No.8936 of 2016 of this Court, in the
Parivahan Site maintained by respondents 1 and 2.
Thereafter, the petitioner enquired about the said case.
Exts.P6, P7, P7A, P8 and P9 are details of cases in which
the petitioner is not even a party and her vehicle is not a
subject matter.
4. As of now, there are no cases pending relating to
car bearing registration No.KL-42E-4672. The petitioner
submitted Ext.P10 representation before the 6 th respondent.
No action was taken by respondents 1 to 6 so far. The
petitioner is suffering for no fault of her relating to her vehicle,
contends the Counsel for the petitioner.
5. Government Pleader submitted that there are
crimes pending in relation to the vehicle involved in this case.
The allegation is that the vehicle has been transferred
fraudulently without the knowledge of the original owner.
Counsel for the petitioner, on the other hand, would submit
that the 7th respondent is the prior owner of the vehicle and
the petitioner is not involved in any manner in the crime.
6. Counsel for the petitioner would further point out
that Crime Nos.192 of 2015, 212 of 2015 and 165 of 2017 of
Chengamanad Police Station are no more existing for
various reasons. The petitioner is ready to provide proof in
that regard.
7. I have heard the learned Counsel for the
petitioner, the learned Central Government Senior Panel
Counsel representing respondents 1 and 2 and the learned
Government Pleader representing respondents 3 to 6.
8. Taking into consideration the facts of the case and
taking into consideration the fact that the vehicle involved
stands blacklisted for a considerably long period now, I am of
the view that the 6th respondent herein shall consider the
grievance of the petitioner and take appropriate decision
expeditiously.
In the circumstances, the writ petition is disposed of
permitting the petitioner to file appropriate representation
before the 6th respondent-Joint Regional Transport Officer
within a period of ten days from today producing necessary
documents to show that the crimes alleged are no more in
existence. Once the petitioner files such representation, the
6th respondent shall take appropriate decision in the matter
after making necessary enquiry, within a further period of one
month and if the blacklisting is not warranted any more, take
necessary steps to remove the blacklisting from the
Parivahan Site.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 9506/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF THE VEHICLE BEARING
NO. KL 42 E 4672.
Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF
INSURANCE DATED 27-05-2023 OF UNITED
INDIA INSURANCE COMPANY FOR THE
VEHICLE BEARING NO. KL 42 E 4672.
Exhibit P3 A TRUE COPY OF THE LETTER NO.
C2/746/2017/K.L.72 DATED 29-07-2017
ISSUED FROM THE OFFICE OF THE 6TH
RESPONDENT.
Exhibit P4 A TRUE COPY OF THE LETTER NO.
C5/7920/2017/K.L.72 DATED 31-07-2017
ISSUED FROM THE OFFICE OF THE 6TH
RESPONDENT.
Exhibit P5 A TRUE COPY OF THE SCREEN SHOT OF THE
PARIVAHAN WEBSITE SHOWING STATUS
PETITIONER'S VEHICLE CAR BEARING
REGISTRATION NO. KL 42 E 4672.
Exhibit P6 A TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA IN WP(C)
8936/2016 DATED 23-01-2017.
Exhibit P7 A TRUE COPY OF RELEVANT EXTRACTS OF E-
COURTS STATUS OF CRIME NO. 192 OF 2015
DATED 10-03-2015 OF CHEGAMANADU POLICE
STATION WAS PENDING AS C.C. NO. 1749
OF 2015 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE I, ALUVA DATED 1-11-
2023.
Exhibit P7A A TRUE COPY OF RELEVANT EXTRACTS OF E-
COURTS STATUS OF CRIME NO. 192 OF 2015
DATED 10-03-2015 OF CHEGAMANADU POLICE
STATION WAS PENDING AS C.C. NO. 1749
OF 2015 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE I, ALUVA DATED 11-09-
2023.
Exhibit P8 A TRUE COPY OF THE ORDER OF THE
HON'BLE HIGH COURT OF KERALA IN
CRL.M.C. NO. 5839/2023 DATED 04-08-
2023.
Exhibit P9 A TRUE COPY OF RELEVANT EXTRACTS OF E-
COURTS STATUS OF CRIME NO. 212 OF 2015
DATED 10-03-2015 OF CHEGAMANADU POLICE
STATION WAS PENDING AS C.P. NO. 28 OF
2022 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE I, ALUVA.
Exhibit P10 A TRUE COPY OF THE REPRESENTATION
BEFORE THE 6TH RESPONDENT DATED NIL
ALONG WITH THE ACKNOWLEDGEMENT CARD
DATED 07.11.2023.
Exhibit P11 A TRUE COPY OF THE POSTAL RECEIPT
DATED 07-11-2023.
