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Kerala High Court
Hussain Eru Kulangara vs The State Of Kerala on 24 February, 2026
2026:KER:16564
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W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 24TH DAY OF FEBRUARY 2026 / 5TH PHALGUNA, 1947
WP(C) NO. 22206 OF 2025
PETITIONER:
HASEENA BEEGAM,
AGED 50 YEARS, W/O AHAMMED SHAJI,
THARAKANDATHIL HOUSE,
THOTTUMUGHAM P.O., ALUVA,
ERNAKULAM, PIN-683105
BY ADVS.
SRI.M.H.HANIS
SMT.T.N.LEKSHMI SHANKAR
SMT.NANCY MOL P.
SHRI.ANANDHU P.C.
SMT.NEETHU.G.NADH
SMT.RIA ELIZABETH T.J.
SHRI.SAHAD M. HANIS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
2 THE JOIN REGIONAL TRANSPORT OFFICER,
MINI CIVIL STATION, ALUVA,
ERNAKULAM, PIN-683101
3 STATION HOUSE OFFICER,
ALUVA POLICE STATION, ALUVA, PIN-683101
2026:KER:16564
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W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
4 HUSSAIN,
S/O MUHAMMED, IRUKULANGARA,
CHENDAPURAYA VILLAGE, AR NAGAR,
MALAPPURAM DISTRICT, PIN-676305
5 MOITHEENKUTTY,
S/O KUNJUMUHAMMED KUTTY,
THALOOKARA THURAYATTIL, H.NO.2/95,
MANGALAM P.O., MALAPPURAM, PIN-676102
SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER
ADVS. SRI. P.M. ZIRAJ
SRI. V.B. UNNIRAJ
SRI. JALEEL T.
SMT. P. ANITHA
SRI. ADHIL P.
SRI. IRFAN ZIRAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.02.2026, ALONG WITH W.P.(C)NO.22031/2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:16564
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W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 24TH DAY OF FEBRUARY 2026 / 5TH PHALGUNA, 1947
WP(C) NO. 22031 OF 2025
PETITIONER:
HUSSAIN ERU KULANGARA,
AGED 57 YEARS, S/O MUHAMMED ERU KULANGARA,
R/O CHENDAPPURAYA,
ABDUL RAHIMAN NAGAR,
MALAPPURAM, PIN-676305
ADVS. SRI. P.M. ZIRAJ
SRI. IRFAN ZIRAJ
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
MOTOR VEHICLE DEPARTMENT,
GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN-695001
2 THE DIRECTOR,
MOTOR VEHICLE DEPARTMENT,
HEAD OFFICE, TRIVANDRUM, PIN-695001
3 THE REGIONAL TRANSPORT OFFICER (RTO),
THIRURANGADI, MALAPPURAM, PIN-676306
4 THE REGIONAL TRANSPORT OFFICER (RTO),
PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN-683101
5 STATION HOUSE OFFICER,
TIRURANAGADI POLICE STATION,
THIRURANGADI, MALAPPURAM, PIN-676306
2026:KER:16564
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W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
6 MOIDEEN KUTTY THURAYATTIL,
THURAYATTIL HOUSE,
MANGALAM, TIRUR,
MALAPPURAM, PIN-676561
7 HASEENA BEGAM M.M.,
AGED 49 YEARS,
THARAKANDATHIL HOUSE,
THOTTUMUGHAM, ALUVA,
ERNAKULAM, PIN-683105
SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER
ADVS. SMT.P.ANITHA
SRI.V.B.UNNIRAJ
SRI.ADHIL P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.02.2026, ALONG WITH WP(C).22206/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:16564
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W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
MOHAMMED NIAS C.P., J.
-----------------------------------------------------
W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
-----------------------------------------------------
Dated this the 24th day of February, 2026
JUDGMENT
W.P.(C) No.22206 of 2025 :- The petitioner challenges
Ext.P4 passed by the Additional Registering Authority, Aluva,
declining to issue a fitness certificate on account of the vehicle
being blacklisted, pursuant to a complaint made by the 4 th
respondent.
2. An interim order was passed by this Court on
17.12.2025, which reads as follows:-
"In the interest of justice and to prevent the
vehicle from being kept idle, there shall be an
interim order directing the 2nd respondent in WPC
No. 22206 of 2025, to consider Ext.P3 submitted by
the petitioner therein, for the issuance of a fitness
certificate in respect of the vehicle bearing
Registration No. KL-43-F-8314 with notice to the
petitioner and the 4th respondent. Orders shall be
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W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
passed on Ext.P3 application within one month
from the date of receipt of a copy of this order."
3. Pursuant to the said direction, all the parties were
heard, and the blacklisting was temporarily lifted, and a fitness
certificate was issued.
4. Accordingly, nothing further remains to be considered
in this writ petition and the same is closed.
5. W.P.(C) No. 22031 of 2025:- This writ petition is filed
by the previous owner of the vehicle bearing registration No. KL-
43/F-8314, which was registered with the 3rd respondent - Regional
Transport Officer, Malappuram. The allegation is that the vehicle
was sold to the 7th respondent by the 6th respondent, who is stated
to be the Manager of the petitioner.
6. The prayers sought in this writ petition are to direct
the 4th respondent - Regional Transport Officer, Aluva, Ernakulam,
to cancel the registration certificate issued in favour of the 7 th
respondent on the allegation that the transfer was fraudulent, and
also to restore the ownership of the vehicle in the name of the
2026:KER:16564
W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
petitioner. There are also other prayers seeking to initiate penal
action, and also for conducting an inquiry into the alleged
fraudulent transactions.
7. The stand of the official respondents is that, based on
the complaint received from the previous owner, an inquiry was
conducted at the end of which the matter was forwarded to the
Station House Officer, Aluva Police Station, for a detailed
investigation, and Crime No.1061 of 2025 of Aluva East Police
Station was also registered.
8. It is submitted by the learned Government Pleader that
the investigation is still going on and that action will be taken, if,
on investigation and prosecution, it is found that the records
produced were fake or fraudulently created. It is also submitted
that further transactions with respect to the vehicle have to be
restricted till the disposal of the criminal investigation.
9. After hearing the learned appearing on both sides and
after noticing the facts stated above, since the investigation is
pending, I am not inclined to grant the relief sought for in this writ
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W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
petition. Accordingly, the writ petition is closed.
10. However, it will be open to the petitioner to make
appropriate requests before the transport authority after the
completion of the investigation. The petitioner will also be at
liberty to move the civil court for appropriate reliefs, if so advised.
11. It is made clear that there is no consideration of the
matter on merits, and all the contentions of the parties are left
open.
12. Till the culmination of the investigation as directed
above, the petitioner in W.P.(C) No. 22206 of 2025 is restrained
from either alienating the vehicle, causing any change to the
nature of the vehicle or doing any action that will diminish the
value of the vehicle.
13. Needless to say, the continuance of the order of
blacklisting of the vehicle will depend on the outcome of the
criminal investigation.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
2026:KER:16564
W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
APPENDIX OF WP(C) NO. 22206 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTRATION
CERTIFICATE OF THE VEHICLE
Exhibit P2 A TRUE COPY THE GOODS PERMIT (GOODS
CARRIAGE-STATE PERMIT) FOR THE PERIOD
FROM 19.02.2025 TO 18.02.2030 WAS
ISSUED BY 2ND RESPONDENT
Exhibit P3 A TRUE COPY OF THE APPLICATION FOR
RENEWAL OF FITNESS CERTIFICATE BEFORE
THE 2ND RESPONDENT ON 23.05.2025
Exhibit P4 A TRUE COPY OF THE ORDER
NO.KL43F8314/2025/EA DATED 23.05.2025
OF THE 2ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE FIR & FIS IN CRIME
NO.1061/2025 OF ALUVA POLICE STATION
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W.P.(C) Nos. 22206 of 2025 & 22031 of 2025
APPENDIX OF WP(C) NO. 22031 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTRATION
CERTIFICATE OF THE TATA TRUCK BEARING
REGISTRATION NO. KL-43-F-8314 IN THE
NAME OF THE PETITIONER
Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED
08/04/2025 SUBMITTED BY THE PETITIONER
BEFORE THE FIFTH RESPONDENT
Exhibit P3 A TRUE COPY OF THE COMPLAINT DATED NIL
FILED BY THE PETITIONER BEFORE THE
THIRD RESPONDENT
Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED
08/04/2025 BY THE THIRD RESPONDENT TO
THE FOURTH RESPONDENT
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED
12/04/2025 SUBMITTED BY THE PETITIONER
BEFORE THE FOURTH RESPONDENT
Exhibit P6 A TRUE COPY OF THE NEWS REPORT
PUBLISHED IN THE MALAYALA MANORAMA
DAILY
RESPONDENTS' EXHIBITS
Exhibit R6(a) TRUE COPY OF THE SALE AGREEMENT DTD
6.4.2022
Exhibit R6(b) TRUE COPY OF THE CONSENT LETTER DTD
20.9.2024
Exhibit R6(c) TRUE COPY OF THE FIR NO. 1061/2025
