Disposed

Anilkumar v. the Regional Transport Officer

Kerala HC6 Jan 2023WP(C)/381/2023

Case brief

AI extract

What is this about?

This single-paragraph order on grounds issues a mandatory direction to the second respondent to consider the petitioner's objection concerning vehicle possession before the third respondent issues a fresh Registration Certificate.

What did the court decide?

Direction to the 2nd respondent to consider Ext.P4 objection and pass appropriate orders after hearing the parties unless the 3rd respondent has already issued the fresh RC.

Anilkumar Vs the Regional Transport Officer — Writ and Judicial Review | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 381 OF 2023

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PETITIONER/S:

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ANILKUMAR
AGED 51 YEARS
SON OF VASU NAIR, KOORIYATTIL HOUSE, ARYANBAVU,
ARIYUR, KOTTOPPADAM, MANNARKKAD, PALAKKAD., PIN -
678583

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BY ADV I.DINESH MENON

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RESPONDENT/S:

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1 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., PALAKKAD., PIN - 678002

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2 THE JOINT REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE, MANNARKKAD P.O., MANNARKKAD., PIN - 678583

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3 AUTHORISED SIGNATORY KOTAK MAHINDRA PRIME LIMITED, SHORNUR ROAD, THRISSUR., PIN - 680001

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OTHER PRESENT:

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ADV. JIMMY GEORGE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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-2-

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W.P.(C). No. 381 of 2023

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No.381 of 2023

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Dated this the 6^th day of January, 2023

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JUDGMENT

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The above writ petition is filed with following prayers:

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“i. Issue a writ of mandamus or such other writs, order or direction, directing the 2^nd respondent Joint Regional Transport Officer, Mannarkkad to consider Ext.P4 objection submitted by the petitioner as regarding to the taking of possession of vehicle KL 50 G 8233 before considering the question of issuance of fresh Registration Certificate in the name of the financier.

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ii. To grant such other reliefs as this Honorable Court may deem fit and proper.” (sic)

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When this writ petition came up for consideration, the

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counsel for the petitioner submitted that he will be satisfied if a direction is issued to consider Ext.P4 objection submitted by the petitioner as regarding the taking possession of vehicle KL-50/G8233 before considering the question of issuance of fresh registration certificate.

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-3-

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W.P.(C). No. 381 of 2023

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Heard counsel for the petitioner and the Government

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Pleader. No notice is necessary to the 3^rd respondent at this stage. If the 3^rd respondent is aggrieved by any of the directions in this judgment, 3^rd respondent is free to file a review petition.

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After hearing both sides, I am of the opinion that there can be a direction to consider Ext.P4. But I make it clear that I have not considered the matter on merit and the 2^nd respondent is free to pass appropriate orders, after giving notice to the 3^rd respondent. All the legal contentions raised by the petitioner in this writ petition are left open and the same shall be considered by the 2^nd respondent at the time of hearing.

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Therefore, this writ petition is disposed of directing the 2^nd respondent to consider Ext.P4 objection and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the 3^rd respondent, as expeditiously as possible, at

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-4-

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W.P.(C). No. 381 of 2023

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any rate, before issuing fresh RC to the 3^rd respondent, if not

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already issued.

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SD/-

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P.V.KUNHIKRISHNAN

JUDGE

das

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W.P.(C). No. 381 of 2023

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APPENDIX OF WP(C) 381/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE REGISTRATION
CERTIFICATE OF THE VEHICLE KL 50 G 8233
DATED 9.11.2018.
Exhibit P2TRUE COPY OF THE OBJECTION DATED
22.6.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT WITH ENGLISH
TRANSALATION.
Exhibit P3TRUE COPY OF THE NOTICE ISSUED BY THE
2ND RESPONDENT HAVING NO.A/645/P..M.
DATED 24.12.2022 WITH ENGLISH
TRANSLATION.
Exhibit P4TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 30.12.2022.

Anilkumar v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Anilkumar v. the Regional Transport Officer

Case brief

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