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Kerala High Court

Abhilash Raveendran vs State Of Kerala on 6 July, 2007

        

 
IN THE HIGH COURT OF KERALA ATERNAKULAM

                                             PRESENT:

                       THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

           MONDAY, THE 29TH DAY OF FEBRUARY 2016/10TH PHALGUNA, 19372

                                  WP(C).No. 6553 of 2016 (T)
                                  -------------------------------------
PETITIONERS:
--------------------
       1. ABHILASH RAVEENDRAN, AGED 32 YEARS
           S/O.RAVEENDRAN NAIR, RESIDING AT244/6
           ABHILASH BHAVAN, VELOOR, VAIKOM
           KOTTAYAM DISTRICT

       2. M/S.POPULAR VEHICLES AND SERVICES LTD., (MARUTI TRUE VALUE)
           SH MOUNT PO, MC ROAD, KOTTAYAM
           686006, REPRESENTED BY ITS MANAGER

           BY ADVS.SRI.NIRMAL V NAIR
                       SRI.MANU TOM THOMAS
                       SRI.ANEESH JOSEPH
                       SRI.RILGIN V.GEORGE

RESPONDENTS:
-----------------------
       1. STATE OF KERALA
           REPRESENTED BY ITS SECRETARY
           MOTOR VEHICLES DEPARTMENT, SECRETARIAT
           THIRUVANANTHAPURAM 695001

       2. THE JOINT REGIONAL TRANSPORT OFFICER
           SUB REGIIONAL TRANSPORT OFFICE, THODUPUZHA
           IDUKKI 685584

       3. THE JOINT REGIONAL TRANSPORT OFFICER
           SUB REGIONAL TRANSPORT OFFICE, VAIKOM
           MUNICIPAL BUILDING, HOSPITAL ROAD, VAIKOM
           KOTTAYAM 686141

       4. M.N. ABDUL JAFFER
           S/O.NAVOOR HAGI, MUNDACKAL HOUSE, KARIKODE VILLAGE
           THODUPUZHA, PINCODE 685585

           R1 TO R3 BY SR. GOVERNMENT PLEADER SMT. SANJEETHA K.A.

           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
           29-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6553 of 2016 (T)
-------------------------------------

                                           APPENDIX

PETITIONER(S)' EXHIBITS
-------------------------------------

P1:       A TRUE COPY OF THE POSSESSION LETTER DATED 06.07.2007 ISSUED BY
          THE 2ND PETITIONER

P2:       A TRUE COPY OF THE AGREEMENT DATED 03.08.2007 EXECUTED BY THE
          4TH RESPONDENT AND THE 2ND PETITIONER

P3:       A TRUE COPY OF THE REGISTRATION DETAILS OF MARUTHI ESTEEM
          VEHICLE BEARING REGISTRATION NO. KL.36-95 OBTAINED FROM THE
          OFFICIAL WEBSITE OF THE 1ST RESPONDENT

P4:       A TRUE COPY OF THE REPRESENTATION DATED 12.05.2014 SUBMITTED TO
          THE 3RD RESPONDENT

P5:       A TRUE COPY OF THE REPRESENTATION DATED 04.07.2015 ALONG WITH
          THE FORM NO.29 SUBMITTED BY THE 1ST PETITIONER

P6:       A TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT

P7:       A TRUE COPY OF THE LETTER NO. MVS.C1/1251/2915KV DATED 20.07.2015
          ISSUED B THE 3RD RESPONDENT

RESPONDENT(S)' EXHIBITS:- NIL
---------------------------------------


                                                      /TRUE COPY/


                                                      P.A. TO JUDGE


DCS



                    V. CHITAMBARESH, J
             ---------------------------------------
                  W.P.(C). No. 6553 OF 2016
             ----------------------------------------
             Dated this the 29th day of February, 2016



                           JUDGMENT

The maruthi car belonging to the first petitioner was allegedly sold to the second petitioner. The petitioners lament that the transfer has not been endorsed in the certificate of registration of the vehicle as yet. Ext. P5 representation put in by the first petitioner in this regard is pending consideration of the second respondent.

2. I direct the second respondent to consider Ext.P5 representation with notice to both the petitioners. The fourth respondent who is a subsequent assignee from the second petitioner shall also be put on notice. The parties shall be afforded an opportunity to produce any documents in deficit. It is stated that Form 29 and Form 30 are yet to be produced by the parties. The petitioners as well as the fourth respondent are at liberty to produce the necessary W.P.(C). No. 6553 OF 2016 2 documents to enable the second respondent to complete the transfer. The exercise shall be done within a period of one month from today.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE DCS