Kerala High Court
Santakumari vs R.T.O. And Registering Authority, ... on 3 March, 1975
Equivalent citations: AIR 1976 KERALA 17, 1976 TAC 357, ILR (1975) 2 KER 98, 1975 KER LT 580
ORDER T. Chandrasekhara Menon, J.
1. In this original petition the petitioner has asked for a writ of mandamus compelling the respondent, viz., the Regional Transport Officer and Registering Authority, Kozhikode to make the necessary entries in the R. C. of Motor Vehicle K. L. Z.-1180 under Section 31 of the Motor Vehicles Act. According to the petitioner, her husband had entered into an agreement with one M. Syed Alavi, Cheruvannoor Transport, Kozhikode for purchase of bus No. K. L. Z. 1180. This agreement provided that on payment of full consideration, viz., Rs. 32,250/- Syed Alavi would issue sale letter in respect of the vehicle to the petitioner's husband or his nominee. This full consideration was paid and the petitioner's husband requested Syed Alavi to issue sale letter in favour of the petitioner and this was done.
2. On 17-1-1975 the petitioner reported to the respondent under Section 31 of the Act for entering the particulars of the transfer in the registration certificate of the vehicle. It is alleged that the petitioner produced the registration certificate, chalan for fees and the transfer report from the transferor Syed Alavi besides her own report in the matter. The complaint of the petitioner is that the respondent refused to note the transfer and return the registration certificate to the petitioner after making the necessary entries. The petitioner contends that no order rejecting the request for entering the particulars of transfer has been passed. The respondent along with his counter has filed Ex. R-1 which states that the "petitioner is informed that her application for transfer of ownership cannot be considered without clearing the arrears of tax and T. P. G. due in the name of the transferor in respect of his vehicles K. L. D. 9605 and K.L.Z. 335."
3. In the counter what is contended is that while action for recovery of arrears of tax is pending against the registered owner Sri Syed Alavi, which was in respect of Vehicle K.L.D. 9605 and K.L.Z. 335 the transfer of the Vehicle has been effected in favour of the petitioner. It is stated that since the endorsement of transfer of ownership will be against the provisions of Section 11A of the Kerala Motor Vehicles (Taxation of Passengers and Goods) Act Ex. R-1 memo has been issued.
4. I am afraid that the action of the respondent is not in accordance with the law in the matter. Section 31 of the Motor Vehicles Act is as follows:--
"31. Transfer of ownership--(1) Where the ownership of any Motor Vehicle registered under this Chapter is transferred--
(a) the transferor shall, within fourteen days of the transfer, report the transfer to the registering authority within whose jurisdiction the transfer is effected and shall simultaneously send a copy of the said report to the transferee;
(b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he resides, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration.
(2) A registering authority other than the original registration authority making any such entry shall communicate the transfer of ownership to the original registering authority".
From this it is clear that once the transferee reports the fact of transfer within 30 days to the registering authority and certificate of registration is also submitted in order that particulars of the transfer of ownership may be entered in the certificate of registration together with the prescribed fee and a copy of the report received by him from tne transferor, and the transferor also makes a report of the transfer to the registering authority, the registering authority has no option but to make the necessary entries in the registration certificate.
5. I may in this connection refer to a Division Bench decision of the Rajasthan High Court in Ratan v. State Transport Authority, Jaipur (AIR 1959 Raj 175), where Justice Jagat Narayan speaking for the Bench said that even in cases of disputed transfers Section 31 provides for recording of the transfer on the registration certificate merely on the report of the transferee. It does not contemplate any enquiry into the question of transfer by the registering authority before recording the transfer. If the registration certificate of the vehicle is produced by a person who alleges to be the transferee the registering authority has no option but to record the transfer.
6. In this case there is no dispute even regarding the transfer. The contention taken up by the respondent is that there are arrears of tax due from the transferor in respect of other vehicles and he refers to Section 11A of the Kerala Motor Vehicles (Taxation of Passengers and Goods) Act. Section 11A reads as follows:
"11A. Transfers to defraud revenue--When during the pendency of any proceeding under this Act, any operator or other person liable to pay any tax or any other amount under this Act, creates a charge on or parts with the possession by way of sale, mortgage, exchange or any other mode p: transfer whatsoever, of any of his assets in favour of any other person with the intention to defeat the recovery of the tax/or other amount from him under the Act, such charge or transfer shall be void as against any claim in respect of the tax or other amount found payable by the operator or such person on completion of the said proceeding:
Provided that nothing in this section shall impair the rights of a charge-holder or transferee in good faith for consideration."
Section 11A of the T. P. G. Act does not in any way fetter the provisions of Section 31 of the M. V. Act. It only states that if the transferor is liable to pay any tax or any other amount under the T. P. G. Act and then if he creates a charge on or parts with the possession by way of sale, mortgage, exchange or any other mode of transfer whatsoever of any of his assets in favour of any other person with the intention to defeat the recovery of the tax or other amount from him under the said Act, such charge or transfer shall be void as against any claim in respect of the tax or other amount found payable by the operator or such person who is liable to pay any parts or other amount due under the Act. Therefore, Ex. R-1 is clearly erroneous.
7. I would issue a writ of mandamus directing the respondent to make necessary entries on account of the transfer of the Vehicle to the petitioner from Syed Alavi as required under Section 31 of the M. V. Act. The transfer of the Vehicle will not in any way interfere with the right of the authority under the Kerala Motor Vehicles (Taxation of Passengers and Goods) Act to proceed against any asset of the transferor including the transferred vehicle if the conditions specified in Section 11A are satisfied.
8. The O. P. is disposed of as above. There will be no order as to costs.
9. Carbon copy of the order will be given to the petitioner on payment of requisite charges and to the Government Pleader free of charges.