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Kerala High Court

Sayed Muhammed Makhdum Jahanian vs Regional Transport Officer on 10 March, 2017

Author: P.B.Suresh Kumar

Bench: P.B.Suresh Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    WEDNESDAY, THE 12TH DAY OF APRIL 2017/22ND CHAITHRA, 1939

                  WP(C).No. 11760 of 2017 (T)
                   ---------------------------


PETITIONER:
-----------

           SAYED MUHAMMED MAKHDUM JAHANIAN,
           AGED 38 YEARS, S/O.S.I.S. POOKOYA THANGAL,
           DIRECTOR, JAMIA ZAHRA, MOKERI PO, PANOOR,
           THALASSERY TALUK, KANNUR DISTRICT,
           RESIDING AT THAYULLATHIL SHEREEFA MANZIL,
           THANGAL PEEDIKA, MOKERI PO, KANNUR DISTRICT.


            BY ADV. SRI.P.ANOOP  (MULAVANA)

RESPONDENTS:
------------

     1.    REGIONAL TRANSPORT OFFICER
           THALASSERY, KANNUR DISTRICT - 670 101.

     2.    SUB REGIONAL TRANSPORT OFFICER
           TRIPUNITHARA,
           ERNAKULAM DISTRICT - 682 301.

     3.    SUB INSPECTOR OF POLICE,
           PANOOR POLICE STATION,
           KANNUR DISTRICT - 670 692.


            BY SENIOR GOVERNMENT PLEADER SMT.C.S.SHEEJA


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
       ON  12-04-2017, THE COURT ON THE SAME DAY DELIVERED THE
       FOLLOWING:
mbr/

WP(C).No. 11760 of 2017 (T)
----------------------------

                            APPENDIX

PETITIONERS' EXHIBITS:

EXHIBIT P1:     TRUE COPY OF THE SALE CERTIFICATE.

EXHIBIT P2:     TRUE COPY OF TAX INVOICE.

EXHIBIT P3:     TRUE COPY OF THE VEHICLE DATA SHEET.

EXHIBIT P4:     TRUE COPY OF THE CERTIFICATE OF INSURANCE.

EXHIBIT P5:     TRUE COPY OF REGISTRATION CERTIFICATE  ISSUED BY
                THE 2ND RESPONDENT.

EXHIBIT P6:     TRUE COPY OF THE NO OBJECTION CERTIFICATE
                DATED 10.3.2017.

EXHIBIT P7:     TRUE COPY OF THE CERTIFICATE ISSUED BY THE
                3RD RESPONDENT.

EXHIBIT P8:     TRUE COPY OF THE FORWARDING LETTER
                DATED 29.3.2017.

EXHIBIT P9:     TRUE COPY OF THE AFFIDAVIT FORWARDED BY THE
                PETITIONER BEFORE THE 1ST RESPONDENT.


RESPONDENTS' EXHIBITS:          NIL.



                                           //TRUE COPY//


                                           P.S. TO JUDGE
mbr/



                   P.B. SURESH KUMAR, J.

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

                  W.P.(C) No.11760 of 2017

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

           Dated this the 12th day of April, 2017


                          JUDGMENT

The grievance of the petitioner in this writ petition concerns the inaction on the part of the first respondent in registering a vehicle purchased by him. It is stated by the petitioner that the originals of some documents in respect of the vehicle have been lost and it is on account of the said reason that the first respondent is refusing to register the vehicle.

2. Today, when this matter was taken up, the learned Government Pleader, on instructions, submitted that if the petitioner produces the vehicle along with Form Nos.20, 21, 22, a duplicate copy of the invoice, temporary W.P.(C) No.11760 of 2017 -2- registration certificate, data sheet and the address proof of the petitioner, the vehicle can be registered.

3. The learned counsel for the petitioner submits that the petitioner is prepared to produce the documents referred to by the learned Government Pleader.

In the circumstances, the writ petition is disposed of directing the petitioner to produce the vehicle along with the documents mentioned by the learned Government Pleader, before the Registering Authority. It is also directed that if the petitioner produces the vehicle with the aforesaid documents, the Registering Authority shall register the vehicle. Needless to say that the petitioner shall be physically present when the vehicle and the documents are produced as directed above.

Sd/-

P.B. SURESH KUMAR JUDGE bpr