E.B.Salim vs The Regional Transport Officer on 11 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22865 of 2009(C)


1. E.B.SALIM, S/O.E.B.BAVA, EDAYAPURATH
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

2. THE JOINT REGIONAL TRANSPORT OFFICER,

3. SUBAIR, S/O.MOHAMMED, KODUVALLY HOUSE,

                For Petitioner  :SRI.PHILIP T.VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :11/08/2009

 O R D E R
                            V.GIRI,J.
                      -------------------------
                  W.P ( C) No.22865 of 2009
                     --------------------------
              Dated this the 11th August,2009

                        J U D G M E N T

Heard learned counsel for the petitioner and

Learned Government Pleader.

2. Petitioner claims to be an owner of a Mahindra

Scorpio Van bearing Reg. No.KL10/X 303. He claims to

have purchased the vehicle from the 3rd respondent. He

has sought for transfer of the ownership and an

application submitted in this behalf before the 2nd

respondent is pending . Since the vehicle was originally

registered by the 2nd respondent, a clearance certificate

for dealing with the said application for transfer was

obtained from the 2nd respondent and produced before the

1st respondent. It seems that there has been delay in

dealing with the application for registration because

according to the petitioner, the 1st respondent was

informed that there is another vehicle with the same

registration number and the same engine number/chassis

number. The 1st respondent required the production of the

W.P ( C) No.22865 of 2009
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said vehicle for inspection and according to the petitioner,

the vehicle could not be traced out. A decision may be

taken on the petitioner’s application for transfer of

registration after notice to the 3rd respondent also, by the

1st respondent within a period of one month from the date

of receipt of a copy of this judgment . In the meanwhile,

petitioner shall be permitted to pay the current vehicle tax

in respect of vehicle bearing Reg. No.KL10/X 303 without

prejudice to further action to be taken by the 1st

respondent as directed above.

Writ petition is disposed of as above.

(V.GIRI,JUDGE)
ma

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