Disposed

Girija Rajan v. Station House Officer

Kerala HC3 Oct 2023WP(C)/4518/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition directing the police and transport authorities to implement an agreement between the petitioner and the vehicle owner to remove blacklist status and transfer the seized Audi car. The court did not hear arguments but issued directions based on the filed agreement.

What did the court decide?

Directions to the 1st and 2nd respondents to remove vehicle blacklist and release the vehicle to the 5th respondent within one week as per the dated 23.09.2023 agreement.

Girija Rajan Vs Station House Officer — Motor Accident Claims | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945

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WP(C) NO. 4518 OF 2023

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PETITIONER:

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GIRIJA RAJAN

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AGED 65 YEARS

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W/O RAJAN , MADATHILKATTU HOUSE, THATTAMPADY,
KARUMALLUR, ALANGAD, ERNAKULAM,KERALA, PIN – 683 511.

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BY ADVS.

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S.K.AJAY KUMAR
PRIYA. H.
NAVEEN THOMAS

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RESPONDENTS:

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1 STATION HOUSE OFFICER

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ALANGAD POLICE STATION, ALUVA WEST, PIN-683 511.

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2 JOINT REGIONAL TRANSPORT OFFICER NORTH PARAVUR, PIN – 683 513.

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3BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD
REPRESENTED BY MANAGING DIRECTOR, 3RD FLOOR,
COASTAL CHAMBERS, OPPOSITE MERCY ESTATE,
M.G ROAD,KOCHI, PIN – 682 015.

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4 DINESH SINGH

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S/O VASUDEV SINGH, C-33 ,G/F 1 -110 024,LAJPAT NAGAR,
NIZAMMUDDIN, NEW DELHI, PIN – 110 024.

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5ADDL. R5. ABDUL FATHAH M,
AGED 38 YEARS, MOOZHIKKAL HOUSE, VALIYORA P.O.,
VENGARA, MALAPPURAM, PIN – 676 304.
(ADDL.R5 IS IMPLEADED AS PER ORDER DATED 20-09-2023 IN
IA 1/2023 IN WPC 4518/2023)

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BY ADVS.

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AKHIL K.MADHAV
K.SHIBILI NAHA
A.LOWSY
SRINATH C.V.
JOBY JOSEPH-GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.4518 OF 2023

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DINESH KUMAR SINGH, J.

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--------------------------------------------

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WP(C) NO.4518 OF 2023

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-------------------------------------------Dated this the 3^rd day of October, 2023

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J U D G M E N T

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The present writ petition has been filed for a writ/order or a direction in the nature of mandamus commanding respondents 1 and 2 to take appropriate decision on Ext.P5 and Ext.P6 in respect of the seized vehicle Audi car bearing Registration No. KL-42-J-0909 within the jurisdiction of Kasaba Police Station, Kozhikode. The vehicle was intercepted on the complaint of the petitioner. The petitioner and the additional 5^th respondent have entered into an agreement, which has been placed on record as Ext.R5(b). The terms of the agreement arrived between the parties are as follows;

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“1) The first party shall request the registering authority North Paravur to

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WP(C) NO.4518 OF 2023

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remove the blacklisting of the vehicle from the black list records on the basis of this agreement.

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After removing from the black list and releasing the vehicle from the Kasaba Police Station, the change of name will be effected within a week from the date of release of vehicle.

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1. The second party hereby assures the first party to keep her indemnified from any sort of charges, lien, or any other penalty for any offences with respect to the vehicle.

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The Second party agrees to bear all the expenses connected with the above case and release of the vehicle at his own costs.

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It is agreed by the second party that in case of any failure or omission from the second party in complying with the above conditions with the time frame as promised except for any official delays in this regard, the first party will be entitled to repossess the vehicle and sell it to any other prospective purchasers according to her will and wish.”

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The learned counsel for the petitioner and 5^th

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WP(C) NO.4518 OF 2023

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respondent confirmed the agreement and the terms thereof. The petitioner will move the application for removing the blacklisting of the said vehicle and change of name of 5^th respondent and the parties will act in accordance with the terms and conditions as arrived in the agreement. If the parties act in accordance with the terms and conditions of the agreement dated 23.09.2023, the Kasaba Police Station, Kozhikode and 2^nd respondent-Joint Regional Transport Officer, North Paravur will give effect to the agreement arrived between the parties for release and transfer of the vehicle in favour of the 5^th respondent.

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With the aforesaid directions, this writ petition is disposed of.

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Sd/-

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DINESH KUMAR SINGH JUDGE

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rpr

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WP(C) NO.4518 OF 2023

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APPENDIX OF WP(C) 4518/2023

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PETITIONER’S EXHIBITS

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Exhibit P 1THE TRUE COPY OF VEHICLE PARTICULARS DATED 6-
2-2023 OF THE REGISTRATION CERTIFICATE OF CAR
IN THE NAME OF THE PETITIONER.

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Exhibit P 2THE TRUE COPY OF POLICY NO.OG-18-1602-1801-
00004189 DATED 05-03-2018 VALID FROM 20-03-
2018 TO 19-03-2019 ISSUED BY 3RD RESPONDENT.

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Exhibit P 3THE TRUE COPY OF THE MEMO OF CHARGE UNDER
SECTION 183 OF MOTOR VEHICLES ACT,1988 FROM
KERALA MOTOR VEHICLES DEPARTMENT ALLEGING
THAT THE VEHICLE WAS CHARGED FOR OVER
SPEEDING ON 18-9-2021.

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Exhibit P 4THE TRUE COPY OF THE DELIVERY NOTE DATED 21-
2-2019 ISSUED BY ZABIULLA BAIG

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Exhibit P 5THE TRUE COPY OF THE COMPLAINT DATED 13-1-
2022 BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.

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Exhibit P 6THE TRUE COPY OF THE COMPLAINT DATED 19-1-
2022 BY THE PETITIONER BEFORE THE 2ND
RESPONDENT .

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RESPONDENTS’ EXHIBITS

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Exhibit R5(a)THE SALE LETTER DATED 10/10/2021.
Exhibit R5(b)A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN
THE WRIT PETITIONER AND THE RESPONDENT HEREIN
DATED 23/09/2023.

Girija Rajan v. Station House Officer

Case brief

What is this about?

What did the court decide?

Girija Rajan v. Station House Officer

Case brief

What is this about?

What did the court decide?

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