Kerala High Court
Jithesh vs The Sub Regional Transport Officer on 23 October, 2025
2025:KER:78856
WP(C) NO.23244 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
WP(C) NO. 23244 OF 2025
PETITIONER/S:
JITHESH,
AGED 28 YEARS
C/O JOHN SEBASTIAN, KIZHAKKEPARAMBIL HOUSE, BHOODAN
COLONY, KUNIPPALA, POTHUKALLU, CHUNGATHARA,
MALAPPURAM, PIN - 679334
BY ADV SHRI.MOHEMED FAVAS
RESPONDENT/S:
1 THE SUB REGIONAL TRANSPORT OFFICER,
NILAMBUR, MALAPPUARM,MANNIL BUILDING, STATE HIGHWAY
39, CHANDAKUNNU, NILAMBUR, MALAPPURAM,KERALA, PIN -
679330
2 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,DEPARTMENT OF
TRANSPORT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 ADDL.R3: THE REGIONAL TRANSPORT OFFICER
-ENFORCEMENT OFFICE ,
ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN
- 682030
ADDL.R3 IS IMPLEADED AS PER ORDER DATED 05.08.2025
IN I.A.2/25 IN WP(C)NO.23244/2025.
SMT. SURYA BINOY, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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2
JUDGMENT
The petitioner states that he had purchased a Lorry bearing
Registration No.KL-07-CV-7322 from his previous owner, one Mr Biju Antony
and immediately tried to apply for transferring the ownership, but he could
not access the online portal as there were E-challans for overloading issued
against the vehicle. The petitioner submits that the previous owner had
remitted a penalty amounting to Rs. 20,250/- (Rupees twenty thousand two
hundred and fifty only), through the parivahan portal, despite which, the
transfer application has not been considered.
2. A statement has been filed on behalf of the additional 3 rd
respondent, contending that on inspection, it was found that the e-chellan
bearing No.KL 62130210424225830 was prepared and a compounding fee of
Rs.41,750/- for overloading and for driving without wearing the uniform was
pending and since the offence was not compounded, prosecution was
initiated and a chargesheet filed before the Additional Chief Judicial
Magistrate Court (Special Court for Mps/MLAs), Ernakulan on 12.01.2022
and is pending as ST No.39/2022, wherein the total fine amount would
come to Rs.62,500/- as calculated under Section 113 and 194 of the
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Motor Vehicles Act1 1988. Consequently, the vehicle stood barred in the
Vahan portal, and no further transactions, including a request for
transfer of ownership, could be effected until the disposal of the case.
3. It is also stated that though summons was issued to the accused,
due to their non-appearance, warrants were issued on 10.02.2025.
4. By the end of March 2023, due to certain technical issues while
bridging e-challans of the Motor Vehicle Department and the Police to
Virtual Court and to regular courts, some cases pending before the
Additional Chief Judicial Magistrate Court were erroneously routed to
the Virtual Court. In this process, the present case was also routed to
the Virtual Court, which wrongly imposed a fine of only Rs.20,250/-. On
22.06.2023, taking advantage of this technical error, the accused
remitted Rs.20,250/- through the Virtual Court online payment system
and thereafter approached the Motor Vehicles Department seeking to
withdraw the prosecution pending before the Additional Chief Judicial
Magistrate Court. This request was declined by the Regional Transport
Officer (Enforcement), Ernakulam, since the prosecution proceedings
before the competent court were already in progress, with the correct
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fine amount payable being reflected in the charge sheet.
5. It may also be noted that this issue of technical shortfall in
bridging the e-challan system with the Virtual Court has occurred in
several similar cases across the State. The matter was also brought to
the notice of this Hon'ble Court through the office of the Advocate
General, and this Court has taken cognizance of the issue in Suo Motu.
Crl.MC No. 5573/2024, which is presently under consideration.
6. It is also stated that categories of vehicles which can be flagged
in the Vahan portal as "Not to be transacted" are specifically
enumerated in Annexure-1 thereto, and such restriction was to be
applied in consonance with Rule 167 of the Central Motor Vehicles
Rules, 1989.
7. This Court had considered a similar issue in WP(C) No.42093 of
2023 and by judgment dated 18.12.2023 held that Sub-rule (7) of Rule 167
specifically provides that except in case of offence instituted for
prosecution by a court, application with respect to the offender or
registration of motor vehicle mentioned in the challan shall not be
processed by the licensing authority. Though an appeal was filed
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against the judgment as Writ Appeal No.107 of 2024, the same was
dismissed as withdrawn on 23rd May 2025.
8. In view of the above, the petitioner having failed to compound
the challan of Rs.41,750/- (Rupees forty one thousand seven hundred
and fifty only) and the chargesheet having reflected a liability of
Rs.62,500/- (Rupees sixty two thousand five hundred only), cannot take
advantage of the erroneous payment made of Rs.20,250/- (Rupees
twenty thousand two hundred and fifty only), which was remitted
through the virtual court and which arose only due to technical
shortfalls in the virtual court, above referred.
In view of the above, no relief can be granted to the petitioner, and
the writ petition will stand dismissed.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO.23244 OF 2025
APPENDIX OF WP(C) 23244/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTRATION
CERTIFICATE OF THE VEHICLE
Exhibit P2 A TRUE COPY OF THE PAYMENT RECEIPT DATED
28/03/2025
Exhibit P3 THE SCREENSHOT SHOWING THE DISPOSED
CHALLAN
Exhibit P4 A TRUE COPY OF THE APPLICATION BEFORE THE
1ST RESPONDENT DATED 10/06/2025
RESPONDENT ANNEXURES
Annexure R3(a) True copy of the instructions bearing No.
RT -11036/09/2023-MVL dated 03.04.2023
