The High Court disposed of a writ petition where the petitioner challenged the blacklisting of a vehicle on the Parivahan portal due to a fine under the Motor Vehicles Act, directing release upon clearance of the challan.
Vehicle shall be released on clearing the challan due; writ petition disposed of.
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 SATHISH NINAN
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
WP(C) NO. 1134 OF 2022
PETITIONER:
A.M.MOTORS BUILDING NO. 17/413,414,415 AND 416 VARANGDE, NEAR A.M PETROLEUM, DOWNHILL P.O, MALAPPURAM DISTRICT 679 519 REPRESENTED BY ITS MANAGING PARTNER
BY ADVS. LAL K.JOSEPH P.MURALEEDHARAN (THURAVOOR) T.A.LUXY SURESH SUKUMAR KOYA ARAFA MIRAGE ANZIL SALIM SANJAY SELLEN SAFAL VALIYAVEEDAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPA SECRETARY, DEPARTMENT OF TRANSPORT , 2ND FLOOR, MAIN BLOCK, SECRETARIAT, TRIVANDRUM 695 001 2 TRANSPORT COMMISSIONER THE MOTOR VEHICLE DEPARTMENT, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O, THIRUVANANTHAPURAM 695 014 3 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE (RTO),, GROUND FLOOR IVIL STATION, WAYANAD RD, ERANHIPPALAM, KOZHIKODE, KERALA 673 020 4 THE REGISTERING AUTHORITY GROUND FLOOR, CIVIL STATION, WAYANAD RD, ERANHIPPALAM, KOZHIKODE, KERALA 673 020 5 THE MOTOR VEHICLE INSPECTOR R.T.O ENFORCEMENT, CIVIL STATION, AYYANTHOLE P.O, THRISSUR, KERALA 680 003 BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W.P.(C) No.1134 of 2022 = = = = = = = = = = = = = = = = = = Dated this the 2nd day of February, 2022
J U D G M E N T
The petitioner is engaged in the business of sales
and service of vehicles. The writ petition is filed challenging the blacklisting of the vehicle with chassis number “MA3JMT31SML576445” in the Parivahan portal, and seeking a direction for registration of the vehicle in favour of its purchaser.
on the violations of Section 39 read with Section
192(1), and Section 182A(1) of the Motor Vehicles Act. A total fine of ` 1,03,000/- has been imposed. The blacklisting is liable to be released only on payment of the fine amount as ordered. Of course, the accusation could be disproved in the prosecution to be launched and the payment could be averted.
W.P.(C) No.1134 of 2022
-: 2 :-
Directing that as and when the Challan due is
cleared, the vehicle in question shall be released, the writ petition is disposed of.
Sd/-
SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 1134/2022
| PETITION | ER EXHIBITS | |
|---|---|---|
| Exhibit | P1 | TRUE COPY OF THE TRADE CERTIFICATE NO KL 10/TC/35/2000M ISSUED BY THE 3RD RESPONDENT WITH PERIODICAL RENEWAL ENDORSEMENT |
| Exhibit | P2 | TRUE COPY OF THE CHALLAN NO. KL104213211230175221 DATED 30-12-2021 |
| Exhibit | P3 | TRUE COPY OF THE INVOICE NO. 39/VSL/21301985 DATED 29-12-2021 FOR AN AMOUNT OF RS 4,64,999.24 |
| Exhibit | P4 | TRUE COPY OF THE OBJECTION |
| Exhibit | P5 | TRUE COPY OF THE SCREEN SHOT OF THE PARI VAHAN PORTAL BACKLISTING THE VEHICLE |
| Exhibit | P6 | TRUE COPY OF THE INSISTENCE FOR PAYMENT |
A.M. Motors
State of Kerala
Transport Commissioner
Regional Transport Officer
Registering Authority
Motor Vehicle Inspector
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
