M.H.Badarunneesa vs The Regional Transport Officer on 15 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36006 of 2010(A)


1. M.H.BADARUNNEESA, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

2. NAGARANI @ RANI, W/O.RAJA,

3. MUSTHAFA, METTIL HOUSE,

                For Petitioner  :SRI.SUNIL V.MOHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :15/12/2010

 O R D E R
                            C.T.RAVIKUMAR, J.
                        ---------------------------------------
                        W.P(C)No.36006 of 2010
                       ----------------------------------------
                       Dated 15th December, 2010

                                  JUDGMENT

This writ petition has been filed by the registered owner of the

vehicle bearing registration No. KL-6B 8385 on being aggrieved by the

inaction on the part of the first respondent in considering Ext.P4

application submitted by the petitioner. Ext.P4 application was submitted

by the petitioner on 26.7.2010 with a request to issue a duplicate

Registration Certificate in terms of the provisions under Rule 97 of the

Kerala Motor Vehicles Rules, 1989. According to the petitioner, he lost

possession of the original Registration Certificate on account of reasons

beyond his control and therefore, according to him, the respondents are

bound to consider his application in accordance with the relevant

provisions. Considering the fact that the petitioner has already

approached the competent authority through Ext.P4 and Ext.P4 is still

pending before that authority, I do not think it proper for this Court to

consider the contentions raised by the petitioner on merits at this stage.

In view of the order I propose to pass in this writ petition I do not think it

necessary to issue notice to respondents 2 and 3. As already noticed

hereibefore, Ext.P4 application submitted by the petitioner with a request

WP(C).No.36006/2010 2

to issue duplicate Registration Certificate is pending before the first

respondent. Admittedly, there are some disputes between the petitioner

and respondents 2 and 3.

In the above circumstances, this writ petition is disposed of

with a direction to the first respondent to consider Ext.P4 application

submitted by the petitioner for issuance of duplicate Registration

Certificate in the light of the relevant provisions under Rule 97 of the

Kerala Motor Vehicles Rules with notice to the petitioner as also to

respondents 2 and 3. This shall be done expeditiously, at any rate within

a period of two months from the date of receipt of a copy of this

judgment.

Sd/-

C.T.RAVIKUMAR
Judge

TKS

// True copy //

P.S to Judge