Kerala High Court
Nadirsha C.M vs Regional Transport Officer ... on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(CRL.) NO. 1055 OF 2024
PETITIONER:
NADIRSHA C.M
AGED 25 YEARS
S/O . NOORJAHAN RESIDING AT CHILAMBITHAYYIL HOUSE,
PONNAD P.O MANNANCHERY , ALAPPUZHA DISTRICT, PIN -
688538
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
B.R.SINDU
V.R.SANJEEV KUMAR
V.ROHITH
AFNA V.P.
RESPONDENTS:
1 REGIONAL TRANSPORT OFFICER (ENFORCEMENT)
AUTOMATED ENFORCEMENT CONTROL ROOM GROUND FLOOR, CIVIL
STATION, KAKKANAD ERNAKULAM, PIN - 682030
2 DEPUTY TRANSPORT COMMISSIONER
CENTRAL ZONE II, ECHAMUKU, KUNNUMPURAM, PADAMUGHAL,
VAZHAKKALA, KAKKANAD, ERNAKULAM, PIN - 682030
3 STATION HOUSE OFFICER
PALARIVATTOM POLICE STATION, PALARIVATTOM ERNAKULAM
DISTRICT, PIN - 682025
4 STATION HOUSE OFFICER
KALAMASSERY POLICE STATION, KALAMASSERY ERNAKULAM
DISTRICT, PIN - 683104
5 SENIOR GEOLOGIST
DISTRICT GEOLOGY OFFICE, CIVIL STATION, KAKKANAD,
ERNAKULAM DISTRICT, PIN - 682030
WP(CRL.) NO. 1055 OF 2024
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SRI. NOUSHAD K. A. (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 1055 OF 2024
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BECHU KURIAN THOMAS, J.
---------------------------------------------
WP(CRL.) NO. 1055 OF 2024
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Dated this the 3rd day of October, 2024
JUDGMENT
Petitioner seeks for the following reliefs:
(I) Issue a writ of mandamus or any other
appropriate writ or order commanding the 1st and 2nd
respondents to consider and take appropriate decision on
Ext.P5 and P6 requests made by the petitioner before them
without any further delay.
(ii) Issue a writ of mandamus or any other
appropriate writ or order commanding the 3rd respondent to
produce the vehicle bearing registration No.KL-04AU-1172
before the competent court.
(iii) Issue a writ of mandamus or any other
appropriate writ or order directing the 1st respondent or 3rd
respondent as the case may be to release vehicle No.KL-
04AU-1172 to the petitioner on appropriate conditions.
(iv) Petitioner may be permitted to dispense
with the filing of translation of the vernacular documents.
(v) To pass such other orders or reliefs as
this Hon'ble Court deems fit in the interest of justice.
2. Petitioner's vehicle bearing registration No.KL-04AU-1172 was
allegedly intercepted on 17.08.2024 at Kalamassery and was seized on
20.08.2024. According to the petitioner, the vehicle was carrying blue
metal jelly which was loaded from M/s.SRS Blue Metals on the strength of
an alleged transit pass issued in Form No.F under the Tamil Nadu Rules
relating to Storage and Transportation of Minerals. Petitioner alleges that
despite seizure of the vehicle, the 1st respondent has not considered the
application for release of the vehicle. It is submitted that in the
meantime, petitioner has preferred Ext.P9 application before the Judicial
WP(CRL.) NO. 1055 OF 2024
2024:KER:73469
First Class Magistrate Court, South Kalamassery as CMP No.1483/2024.
3. The learned Public Prosecutor upon instructions submitted
that petitioner's vehicle was found to be overloaded in contravention of
the Motor Vehicle's Act and Rules and acting in consonance with the
specific directions of a learned Single Judge of this Court in Contempt
Case No.1728/2021, the vehicle was intercepted. Thereafter the driver of
the vehicle fled with the key of the vehicle and later he came back and
drove the vehicle till Chakkaraparambu, where again it was intercepted.
It is further submitted that though a notice was issued to the owner of
the vehicle under Section 133 of the MV Act seeking details regarding the
driver of the vehicle, curiously, the owner has informed that he is
unaware of the driver. It is also submitted that in the meantime,
investigation of the crime has been completed and a final report has also
been filed before the Additional Chief Judicial Magistrate, Ernakulam and
cognizance has also been taken as ST No.1262/2024, where the case is
now pending.
4. I have considered the rival submissions.
5. Considering the nature of reliefs sought for, it is noticed that
relief No.1 relates to applications filed under the Right to Information Act.
The said statute itself provide remedies to persons who are aggrieved by
inaction on the part of the State Public Information Officer to provide
information. Therefore, a specific direction from this Court is not
essential as the petitioner has appropriate remedies through the process
WP(CRL.) NO. 1055 OF 2024
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of the statute itself.
6. Relief No.2 relates to directions for producing the vehicle
before the competent Court. Since an FIR has been registered and the
complaint has also been filed, obviously, the petitioner has to initiate
appropriate remedies before the jurisdictional Court.
7. As far as relief no.3 is concerned, the remedy of the petitioner
is to approach the jurisdictional court in accordance with law.
In view of the above, I find no merit in the reliefs sought for.
Accordingly, this Writ Petition is closed reserving the liberty of the
petitioner to initiate appropriate proceedings as available in accordance
with law.
sd/-
BECHU KURIAN THOMAS
JUDGE
Nsd
WP(CRL.) NO. 1055 OF 2024
2024:KER:73469
APPENDIX OF WP(CRL.) 1055/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NATIONAL PERMIT DATED
15.09.2024 FOR HEAVY GOODS VEHICLE ISSUED BY
THE RTA, ALAPPUZHA FOR VEHICLE NO.KL-04AU-
Exhibit P2 A TRUE COPY OF THE REGISTRATION CERTIFICATE
OF VEHICLE NO.KL-04AU-1172
Exhibit P3 A TRUE COPY OF THE GOODS CARRYING VEHICLE
PACKAGE POLICY CERTIFICATE CUM POLICY
SCHEDULE CUM RECEIPT DATED 23.08.2023
RELATING TO VEHICLE NO.KL-04AU-1172 BY M/S.
ORIENTAL INSURANCE CO. LTD. UDAIPUR RAJASTHAN
Exhibit P4 A TRUE COPY OF THE NOTICE DATED 19.08,2024
ISSUED BY THE 1ST RESPONDENT U/S 133 OF MOTOR
VEHICLES ACT
Exhibit P5 A TRUE COPY OF THE REQUEST DATED 21.08.2024
MADE BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
Exhibit P6 A TRUE COPY OF THE REQUEST DATED 21.08.2024
MADE BY THE PETITIONER BEFORE THE 2ND
RESPONDENT SEEKING RELEASE OF THE VEHICLE
BEARING REGISTRATION NO.KL-04AU-1172
Exhibit P7 A TRUE COPY OF THE TRANSIT PASS NO.6800 DATED
16.08.2024 ISSUED BY THE DEPUTY DIRECTOR
GEOLOGY AND MINING DEPARTMENT COIMBATORE
DISTRICT
Exhibit P8 A TRUE COPY OF THE INTERIM ORDER MADE IN W.P©
NO 25862/2023 ON 24.08.2023
Exhibit P9 A TRUE COPY OF THE APPLICATION DATED
24.08.2024 FILED BY THE PETITIONER AS CMP
NO.1483/2024 BEFORE THE JFCM COURT,
KALAMASSERY
Exhibit P10 A TRUE COPY OF THE REPORT DATED 28.08.2024
FILED BY THE 3RD RESPONDENT BEFORE THE JFCM
COURT, KALAMASSERY
