The High Court of Kerala disposed of a writ petition challenging the refusal to transfer an auto rickshaw permit to a new vehicle, though the financier had repossessed the original auto.
Direction to the 3rd respondent to consider the application for transfer of permit sympathetically within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931
WP(C).No. 13188 of 2009(P) --------------------------
PETITIONER(S):
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SHERSHAD ALI, S/O. NABEESA, THOTTAPURATH HOUSE, THIRUVANNURNADA.P.O, WEST MANKAVU, CALICUT.
BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN
RESPONDENT(S):
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1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE REGIONAL TRANSPORT AUTHORITY, CALICUT REPRESENTED BY SECRETARY, CIVIL STATION, CALICUT-20.
3. THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, CALICUT-20.
BY GOVERNMENT PLEADER MR. K.S.MUHAMMAD HASHIM FOR R1 TO 3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13188 of 2009(P)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 - TRUE COPY OF THE PERMIT ISSUED BY THE 2ND RESPONDENT DATED 5.10.2005 TO THE PETITIONER.
EXT.P2 - TRUE COPY OF THE LAWYER NOTICE DATED 5.2.2009 WITH A/D CARD.
// TRUE COPY //
PA TO JUDGE
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S. SIRI JAGAN, J
............................................... W.P(C) No. 13188 of 2009
................................................. Dated this the 13th day of October, 2009
J U D G M E N T
The petitioner originally purchased an auto rickshaw bearing Registration No. KL 11 J 7441. That was purchased as per a higher purchase agreement. Since the petitioner did not pay the purchase price, the financier repossessed the vehicle. Subsequently, the petitioner purchased another auto rickshaw namely KL 11 AC 2274. The petitioner wanted the permit of the earlier auto transferred to this new vehicle. The 3rd respondent refused to transfer the same without the consent of the financier of the earlier vehicle. The petitioner challenges the action of the 3rd respondent seeking the following relief:
“1. Issue a writ of mandamus or any other writ, order or direction commanding the respondents 2 and 3 to transfer Calicut City permit No-3734 which was given to the petitioner to his new auto rikshaw bearing registration No-KL-11AC-2274.”
W.P(C) No. 13188 of 2009 -2-
the financier has taken it away and he has taken steps to sell and realize his dues. Therefore, I am of opinion that the consent of the 1st financier need not be an impediment for transferring the permit for the earlier vehicle to the petitioner's new vehicle. Accordingly, this writ petition is disposed of with a direction to the 3rd respondent to consider the application for transfer of permit filed by the petitioner in the light of the findings above, if the petitioner is otherwise entitled to such transfer. Such orders shall be passed within one month from the date of receipt of a copy of the judgment.
S. SIRI JAGAN, JUDGE
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1 issue framed by the court
Whether the petitioner is entitled to transfer a Calicut City permit from a repossessed auto rickshaw to a new one without the financier's consent.
SHERSHAD ALI
THE STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM
THE REGIONAL TRANSPORT AUTHORITY, CALICUT
THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, CALICUT
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
