The High Court closed a contempt of court proceeding where the petitioner alleged non-compliance with directions to consider a request for transferring ownership. The respondent submitted that the transfer was allowed via circulation invoking the Kerala Motor Vehicles Rules.
The contempt of court case was closed.
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 ANIL K.NARENDRAN
FRIDAY, THE 04TH DAY OF JANUARY 2019 / 14TH POUSHA, 1940
Con.Case(C).No. 2344 of 2018 IN WP(C). 34621/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 34621/2018 of THE HON'BLE HIGH COURT
PETITIONER:
SUHADA BEEGUM A.K., AGED 34 YEARS, W/O.ABDUL NAZAR.E., ERUMBISSERY HOUSE, KANJIRAPARAMBA, KONDOTTY, MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENT:
ANOOP VARKEY, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, REGIONAL TRANSPORT OFFICER/REGISTERING AUTHORITY, REGIONAL TRANSPORT OFFICE, MALAPPURAM, MALAPPURAM DISTRICT, PIN - 676505.
SMT C.S.SHEEJA, SENIOR GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 04.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Cont.case(c)2344 OF 2018 2
JUDGMENT
The petitioner has filed this contempt case alleging non-compliance of the directions contained in Annexure-A judgment of this Court dated 26.10.2018 in W.P.(C)No.34621 of 2018, whereby that writ petition was disposed of by directing the respondent herein to consider the request made by the petitioner in Ext.P4 application, which is supported by Ext.P5 surviving family membership certificate and Ext.P6 consent, with notice to the petitioner and also to other legal heirs of the deceased registered owner of stage carriage bearing registration No.KL-10/S-9234, within a period of one month from the date of receipt of a certified copy of that judgment, taking note of the law laid down by this Court in Bhagyalakshmy v. Regional
Transport Authority, Palakkad [2010(2) KLT 431 ] .
Cont.case(c)2344 OF 2018 3
learned Senior Government Pleader appearing for the respondent.
by proceedings dated 01.01. 2019, the Regional Transport Authority has allowed the application for transfer of ownership made by the petitioner, by circulation, invoking Rule 130 of the Kerala Motor Vehicles Rules, 1989.
Recording the above submission made by the learned counsel on both sides, this contempt of court case is closed.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
Cont.case(c)2344 OF 2018 4
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE JUDGMENT IN W.P. (C) NO.34621/2018 DT.26/10/2018 OF THIS HON'BLE COURT. ANNEXURE B TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF FEES BY THE HUSBAND OF THE PETITIONER DATED 9/11/2018. ANNEXURE C TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE RESPONDENT DATED 9/11/2018.
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether to close the contempt proceeding after the applicant of transfer of ownership was allowed by the Authorities.
Colour shows how this judgement treated each authority
Bhagyalakshmy v. Regional Transport Authority, PalakkadReferred¶16
Bhagyalakshmy v. Regional Transport Authority, Palakkad [2010(2) KLT 431]
1 provisions across 1 enactments
Suhada Beegum A.K.
Anoop Varkey
Anil K. Narendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
