Kerala High Court
Gurpreet Singh vs State Of Kerala on 5 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
W. P. (C) No. 9350 of 2024
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2024:KER:68265
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 9350 OF 2024
PETITIONER/S:
GURPREET SINGH
AGED 40 YEARS
S/O HARDAV SINGH,B2 FIRST FLOOR,MANAK VIHAR
EXT.BERIWALA BAGH,SHUBHASH NAGAR NEW,DELHI, PIN -
110064
BY ADVS.
PRAVEEN.H.
G.HARIHARAN
K.S.SMITHA
AMAL DEV D
SNEHA M.S.
ABHIJITH E.R.
ELSAMMA SEBASTIAN
RESPONDENT/S:
1 STATE OF KERALA
MOTOR VEHICLES DEPARTMENT, TRANS TOWERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM REPRESENTED BY
THE TRANSPORT COMMISSIONER, PIN - 695014
2 THE TRANSPORT COMMISSIONER
TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
PIN - 695014
3 MERCEDES BENZ FINANCIAL SERVICES INDIA PRIVATE
LIMITED
[FORMERLY DAIMLER FINANCIAL SERVICES INDIA PVT
LTD] 5TH FLOOR, PLOT 8, BAASHYAM WILLOOW SQUARE 9
& 10, FIRST STREET, THIRU VIKA INDUSTRIAL ESTATE,
GUINDY, CHENNAI, TAMILNADU REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 600032
W. P. (C) No. 9350 of 2024
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4 M/S AUTOBAHN TRUCKING CORPORATION
NEAR BPCL PUMP, LAL BAGH ESTATE 16TH MILESTONE,
MELE THONNAKKAL P.O, THIRUVANANTHAPURAM, KERALA
REPRESENTED BY ITS MANAGING DIRECTOR, PIN -
695317
BY ADVS.
VISHNU R
KARTHIKA MARIA
ARUN THOMAS(K/844/2007)
ANIL SEBASTIAN PULICKEL(K/000278/2018)
SHINTO MATHEW ABRAHAM(K/977/2018)
KURIAN ANTONY MATHEW(K/1812/2020)
MATHEW NEVIN THOMAS(K/000936/2019)
JOE S. ADHIKARAM(K/000838/2020)
LEAH RACHEL NINAN(K/002325/2019)
SHYAM SAJEEV(K/000197/2024)
NAVYA SEBY(K/000990/2024)
OTHER PRESENT:
SRI. BINOY DAVIS-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 9350 of 2024
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JUDGMENT
The present writ petition has been filed for the following
reliefs:-
"a. issue a Writ of Mandamus, or such other
appropriate writ, order, or direction as deemed fit, to ensure
compliance with the statutory obligations by the third and
fourth respondents as mandated under Section 41 of the
Motor Vehicles Act, 1988, in conjunction with Rule 47 of
the Central Motor Vehicles Rules, 1989 in order to register
the vehicle mentioned in Exhibit P5 in the name of the
petitioner;
b. issue a Writ of Mandamus, or such other
appropriate writ, order, or direction as deemed fit
commanding the respondents 3 to 4 to furnish all requisite
statutory forms, including but not limited to the Sale
Certificate in Form 21 and the Road Worthiness Certificate
in Form 22, necessary for the lawful registration of the
commercial vehicle mentioned in Exhibit P5 in the
petitioner's name."
2. Petitioner had purchased a truck from the 3rd
respondent in an auction proceedings. Now this writ petition has
been filed seeking a direction to the 3 rd and 4th respondents who
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are private parties for a writ of mandamus.
This Court cannot entertain the writ petition against
private persons and if the petitioner has any remedy against the 3 rd
and 4th respondents, the petitioner should take recourse to such a
remedy under the civil law. Public law remedy would not be
available against the private respondents and therefore the present
writ petition is dismissed with liberty to the petitioner to take
recourse to appropriate remedy available to him.
Sd/-
DINESH KUMAR SINGH
JUDGE
Eb
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APPENDIX OF WP(C) 9350/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAWYER NOTICE SENT
ON BEHALF OF THE PETITIONER DATED
04/10/2023
Exhibit P2 A TRUE COPY OF THE REPLY NOTICE SENT ON
BEHALF OF THE THIRD RESPONDENT DATED
01/11/2023
Exhibit P3 A TRUE COPY OF THE BLANK SEALED FORM 36
ISSUED BY THE 3RD RESPONDENT DATED NIL
Exhibit P4 A TRUE COPY OF THE TAX INVOICE DATED
30/09/2022 ISSUED BY THE THIRD
RESPONDENT EVIDENCING SALE OF THE
COMMERCIAL VEHICLE HAVING CHASSIS NO.
MEC812ECDMP104390 AND CONTRACT NUMBER
20148254
Exhibit P5 A TRUE COPY OF THE TAX INVOICE DATED
20/07/2021 ISSUED BY THE THIRD
RESPONDENT IN THE NAME OF THE MANAGING
DIRECTOR, M/S AONE MILK PRODUCTS
PRIVATE LIMITED
Exhibit P6 A TRUE COPY OF THE SALE CERTIFICATE IN
FORM 21 ISSUED IN THE NAME OF THE
MANAGING DIRECTOR, M/S AONE MILK
PRODUCTS PRIVATE LIMITED DATED NIL
