Disposed

Sujeesh P.S v. State of Kerala

Kerala HC7 Dec 2023WP(C)/11055/2023

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking transfer of vehicle ownership. It directed the respondent broker to pay pending e-challans within seven days, upon which the petitioners would withdraw complaints and execute documents for the actual transferee.

What did the court decide?

Discharge e-challan liabilities within 7 days; Petitioners to withdraw complaint and execute documents for transfer to Hineesh K.L thereafter.

Sujeesh P.S Vs State of Kerala — Property and Title | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

¶4

THURSDAY, THE 7^TH DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945

¶5

WP(C) NO. 11055 OF 2023

¶6

PETITIONERS:

¶7

1SUJEESH P.S
AGED 32 YEARS
S/O SURESH P.S, PEATHATTI PARAMBU HOUSE, MEERA BHAVAN,
ALINCHUVAD, VENNALA PO ERNAKULAM, PIN - 682028
2M/S PATEL CARS PRIVATE LIMITED,
AGED 50 YEARS
SUIT NO.205,2ND FLOOR, PIONEER TOWERS,SHANMUGHAM
ROAD,ERNAKULAM, PIN - 682031
BY ADVS.
JOLLY JOHN
LIZA MEGHAN CYRIAC
IRENE BABU

¶8

RESPONDENTS:

¶9

1 STATE OF KERALA

¶10

THE SECRETARY, TRANSPORT DEPARTMENT GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, KAKKANAD, ERNAKULAM, PIN -
682030
3COMMISSIONER OF POLICE,
POLICE COMMISSIONERATE, KOCHI CITY, PIN - 682035
4ASSISTANT COMMISSIONER,
ERNAKULAM SUB DIVISION, POLICE COMMISSIONERATE, KOCHI
CITY, PIN - 682035
5JIBU KANIYAMPARAMBIL ALIAS RIYAD,
KANIAMPARAMBIL HOUSE, THODUPUZHA EAST, KERALA, PIN -
685585
BY ADVS.
M.G.SREEJITH MG
VIDYAJITH M.(K/000174/2019)
BINCY JOSE(K/001070/2021)
ROJIN DEVASSY(K/1581/2022)
ANIL KUMAR P.T.(KAR/4956/2022)

¶11

S. GOPINATHAN-SR.GP

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C) No.11055 of 2023

¶14

¶15

JUDGMENT

¶16

Dated this the 7^th day of December, 2023

¶17

The present writ petition has been filed by the

¶18

petitioners for the following prayers:

¶19

i . To issue a writ of mandamus to direct the 2 nd respondent to effect the transfer of ownership in the Registration Certificate of vehicle number KL-33-K2483 from the name of the 1 st petitioner to the current actural onwer ie, 5 th respondent.

¶20

ii . To direct the 1 st respondent to make appropriate and required amendments in the Mortor Vehicles Act and Rules, to smoothen and legalise the change of ownership in the registration certificates at the instance of the transferor, in case the transferee refuses to do so despite a notice by the Motor Vehicles Department.

¶21

iii. Issue a writ or mandamus declaring the inaction of the 3 rd respondent and its subordinate officials towards the various complaints filed by the petitioners as arbitraryand illegal and to direct the 3rd respondent to take necessary action.

¶22

¶23

WP(C) No.11055 of 2023

¶24

iv . To pass such other orders as may be deemed necessary on the facts and in the circumstances of the case.

¶25

2 . The 1 st petitioner has sold a BMW car

¶26

bearing registration No.KL-33-K-2483 in favour of the 5th respondent. However, the 5 th respondent did not get the said vehicle transferred in his name. and the petitioner had received some e-challans, after the petitioner transferred the vehicle in favour of the 5 th respondent. As the 5 th respondent was not getting the vehicle transferred, the petitioners have filed a complaint before respondents 2 to 4 respondents.

¶27

3 . On notice, the 5 th respondent has put in appearance and filed a counter affidavit. The 5 th respondent is only a broker and he has further transferred the vehicle in favour of Mr.Hineesh K.L, resident of Kalladathil House, Varithodi, Trikku P.O, Thrissur District, Kerala. Said Hineesh has approached the SRTO, Irinjalakuda on 24.05.2023 for transfer of ownership in his favour and had remitted

¶28

WP(C) No.11055 of 2023

¶29

¶30

prescribed fees and other necessary documents through online. Since the complaint is pending before the 2 nd respondent filed by the petitioners, SRTO Irinjalakuda is not in a position to proceed with the transfer of ownership from the 1 st petitioner to Mr. Hineesh.

¶31

4 . Learned counsel for the 5 th respondent submits that the 5 th respondent will appear along with the notice of e-challan, which has been handed over to him by the learned counsel for the petitioners, before the SRTO, Irinjalakuda and discharge the liability of the said e-chllans. Learned counsel for the petitioners submits that once the 5 th respondent discharges the liability of e-challans, the petitioners will withdraw the complaint pending before the 2 nd respondent and execute all the documents in favour of Hineesh.

¶32

5 . Therefore, the present writ petition is disposed of with direction to the 5 th respondent to appear before the SRTO, Irinjalakuda along with the

¶33

WP(C) No.11055 of 2023

¶34

¶35

notice of e-challans within a period of 7 days from today and discharge the liability of the said e- challans. Once the 5 th respondent discharged the liability of e-challans, the petitioners shall withdraw the complaint pending before the 2 nd respondent and execute all the documents in favour of Hineesh.

¶36

With the aforesaid observation, the present writ petition stands finally disposed of.

¶37

Sd/-

¶38

DINESH KUMAR SINGH

¶39

JUDGE

¶40

¶41

WP(C) No.11055 of 2023

¶42

¶43

APPENDIX OF WP(C) 11055/2023

¶44

`PETITIONER EXHIBITS` `Exhibit P1`	`THE TRUE COPY OF THE SALES CONTRACT FORM` `PREPARED BY THE 2ND PETITIONER FOR SALE OF` `THE VEHICLE OF 1ST PETITIONER TO THE 5TH` `RESPONDENT THROUGH THE INTERVENTION OF THE` `CONSULTANT ON 21.01.2019 ERRONEOUSLY` `ENTERED AS 21.09.2019`
`Exhibit P2`	`THE TRUE COPY OF THE SALES DELIVERY NOTE` `PREPARED BY THE 2ND PETITIONER FOR DELIVERY` `OF THE VEHICLE OF 1ST PETITIONER TO THE 5TH` `RESPONDENT THOUGH THE INTERVENTION OF THE` `CONSULTANT ON 21.01.2019`
`Exhibit P3`	`THE TRUE COPY OF THE LETTER SENT BY THE 1ST` `PETITIONER TO THE 2 ND RESPONDENT DATED NIL` `IS PRODUCED`
`Exhibit P4`	`THE TRUE COPY OF THE POSTAL RECEIPT OF` `EXHIBIT P3 LETTER SENT BY THE 1ST` `PETITIONER TO THE 2ND RESPONDENT ON` `28.10.2020`
`Exhibit P5`	`THE TRUE COPY OF THE POLICE COMPLAINT FILED` `BY THE 1ST PETITIONER DATED 09.11.2021` `BEFORE THE PALARIVATTOM POLICE STATION` `COMING UNDER THE JURISDICTION OF 3RD AND` `4TH RESPONDENTS`
`Exhibit P6`	`THE TRUE COPY OF THE RECEIPT DATED` `09.11.2021 ISSUED BY THE PALARIVATTOM` `POLICE STATION AS ACKNOWLEDGMENT OF EXHIBIT` `P5`
`Exhibit P7`	`THE TRUE COPY OF THE DISTRIBUTION REGISTER` `OF THE PALARIVATTOM POLICE STATION DATED` `15.11.2021 SHOWING THE SETTLEMENT OF THE` `EXHIBIT P6 COMPLAINT OF THE 1ST PETITIONER`
`Exhibit P8`	`THE TRUE COPY OF THE COMPLAINT BY THE` `EMPLOYEE OF THE 2ND PETITIONER DATED NIL` `FILED BEFORE THE MARADU POLICE STATION` `COMING UNDER THE JURISDICTION OF THE 3RD` `AND 4TH RESPONDENTS`
`Exhibit P9`	`THE TRUE COPY OF THE COMPLAINT FILED BY THE` `SALES MANAGER OF THE 2ND PETITIONER DATED` `NIL BEFORE THE 3RD RESPONDENT`
`Exhibit P10`	`THE TRUE COPY OF THE RECEIPT DATED` `24.12.2021 ISSUED BY THE 3RD RESPONDENT AS` `ACKNOWLEDGMENT OF EXHIBIT P8`

¶45

WP(C) No.11055 of 2023

¶46

¶47

`Exhibit P11`	`THE TRUE COPY OF THE LETTER SENT BY THE 1ST` `PETITIONER DATED 27.04.2022 TO THE 2ND` `RESPONDENT`
`Exhibit P12`	`THE TRUE COPY OF THE E-CHALLAN DATED` `14.09.2022`
`Exhibit P13`	`THE TRUE COPY OF THE SMS FROM VAHAN SENT BY` `THE MINISTRY OF ROAD TRANSPORT & HIGHWAYS` `(MORTH) DATED NIL TO THE CELL PHONE OF 1ST` `PETITIONER`
`Exhibit P14`	`THE TRUE COPY OF THE SMS FROM VAHAN TO THE` `CELL PHONE OF THE 1ST PETITIONER STATING` `THAT THE CHALLAN IN EXHIBIT P12 DATED NIL` `HAS BEEN SENT TO COURT`
`Exhibit P15`	`THE TRUE COPY OF THE SMS FROM VAHAN TO THE` `CELL PHONE OF THE 1ST PETITIONER DATED` `27.10.2022 STATING ABOUT THE EXPIRY OF PUC` `CERTIFICATE`
`Exhibit P16`	`THE TRUE COPY OF THE STATUS REPORT FROM THE` `E-PORTAL OF PARIVAHAN SEWA SHOWING THE` `TRANSACTIONS IN THE VEHICLE NUMBER` `KL33K2483 OWNED BY THE 1ST PETITIONER`
`Exhibit P17`	`THE TRUE COPY OF THE SMS FROM VAHAN TO THE` `CELL PHONE OF THE 1ST PETITIONER SHOWING` `THE PAYMENTS MADE BY THE 5TH RESPONDENT IN` `VEHICLE NUMBER KL33K2483`
`Exhibit P18`	`TRUE COPY OF THE DISAPPROVAL NOTICE ON THE` `VEHICLE KL33K2483 ISSUED BY THE 2ND` `RESPONDENT TO THE ADDRESS OF THE PETITIONER` `DATED 17.06.2023`
`Exhibit P-3`	`English Translation of Exhibit P-3`
`Exhibit P-5`	`English Translation of Exhibit P-5`
`Exhibit P-6`	`English Translation of Exhibit P-6`
`Exhibit P-7`	`English Translation of Exhibit P-7`
`Exhibit P-8`	`English Translation of Exhibit P-8`
`Exhibit P-9`	`English Translation of Exhibit P-9`
`Exhibit P-10`	`English Translation of Exhibit P-10`
`Exhibit P-11`	`English Translation of Exhibit P-11`
`RESPONDENT EXHIBITS`
`Exhibit-R5(1)`	`True copy of E fee receipt dated 24-05-2023`

Sujeesh P.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sujeesh P.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Rehaboth Indian Gypsy New Life Trust Vs Union of India

Sri Mamanikunnu Mahadevi Templ,E, Vs Income Tax Officer

Sri Mamanikkunnu Mahadevi Temple, Vs Income Tax Officer

Remitha Manoj Vs M/S.Tata Capital Finance Service Ltd.

Smitha Sanal, Vs Paul Fernandas

Fins Engineers and Contractors (P) Ltd., Vs Superintendent