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2018 Supreme(Ker) 221

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J.
Shemeer V.K., S/o. Kochu Muhammed - Petitioner
Versus
The Joint Regional Transport Officer - Respondents
WP(C).Nos. 2583, 2643, and 2942 of 2018
Decided On : 09-04-2018

Advocates Appeared:
For the Petitioner: Adv. Sri. P. Deepak
For the Respondent: Sr. Government Pleader Sri. Bimal K. Nath

Headnote:Motor Vehicles Act 1988, Ss.180, 181, 194(1), 194(2) & 207 -The owner or person in charge of the motor vehicle as well as the driver of the said vehicle shall be punished with imprisonment or with fine or with both if there is any contravention or violation of S.180 and S.181 of the M.V. Act- Driver who drives the vehicle in contravention of the provisions of S.113 or S.114 or S.115 shall be punished under sub-section (2) of S.194, -If any driver who refuses to stop and submit his vehicle to weighing under S.114 or removes or causes the removal of the load or part of it prior to weighing shall be punishable confiscation of the said vehicle or its continued detention beyond the scope of S.207 of the M.V. Act. (Para.31)

JUDGMENT :

1. W.P.(C)No.2583 of 2018:- The petitioner, who is the registered owner of a Heavy Goods Vehicle bearing registration No.KL-40/F-7917, covered by Ext.P1 certificate of registration and Ext.P2 goods carriage permit, which is stated to have been surrendered before the respondent on 10/01/2018, has approached this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondent to consider and pass orders on Ext.P4 application dated 17/01/2018 for grant of no objection certificate under Section 48 of the Motor Vehicles Act 1988 (for brevity, 'MV Act'), without insisting on the petitioner clearing any pending check reports in the light of clause (b) of sub-rule (2) of Rule 58 of the Central Motor Vehicles Rules, 1989 (for brevity, 'CMV Rules') and following the law laid down by this Court in State of Kerala and another v. C.P. Varghese [2017 (4) KHC 106] and Ext.P7 judgment of the Division Bench of this Court dated 13/12/2017 in W.A.No.2554 of 2017. According to the petitioner, he had made arrangements for transferring the ownership of the aforesaid vehicle in the name of one Imran Pasha and the proposed transferee resides within the jurisdiction of the Registering Authority, Bangalore Central, Karnataka. Ext.P3 is a copy of the surrender intimation dated 10/01/2018 in respect of Ext.P2 goods carriage permit, which has been acknowledged by the respondent on 10/01/2018 itself. The petitioner submitted Ext.P4 application before the respondent in the prescribed form along with Ext.P5 covering letter dated 18/01/2018, enclosing therewith Ext.P1 certificate of registration and other supporting documents, including Ext.P6 certificate dated 17/01/2018 issued by the Sub-Inspector of Police, Perumbavoor under sub-section (5) of Section 48 of the MV Act,. The respondent acknowledged the receipt of Ext. P5 covering letter with its enclosures on 18/01/2018 itself.

2. W.P.(C)No.2643 of 2018:-The petitioner, who is the registered owner of a Heavy Goods Vehicle bearing registration No.KL-11/AH-3690, covered by Ext.P1 certificate of registration and Ext.P2 goods carriage permit, which is stated to have been surrendered before the respondent on 10/01/2018, has approached this Court in this writ petition seeking a writ of mandamus commanding the respondent to consider and pass orders on Ext.P4 application dated 17/01/2018 for grant of no objection certificate under Section 48 of the MV Act, without insisting on the petitioner clearing any pending check reports in the light of clause (b) of sub-rule (2) of Rule 58 of the CMV Rules and following the law laid down by this Court in C.P. Varghese's case (supra) and Ext.P7 judgment of the Division Bench of this Court dated 13/12/2017 in W.A.No.2554 of 2017. According to the petitioner, he had made arrangements for transferring the ownership of the aforesaid vehicle in the name of one Rizwan Pasha and the proposed transferee resides within the jurisdiction of the Registering Authority, Bangalore Central, Karnataka. Ext.P3 is a copy of the surrender intimation dated 10/01/2018 in respect of Ext.P2 goods carriage permit, which has been acknowledged by the respondent on 10/01/2018 itself. The petitioner submitted Ext.P4 application before the respondent in the prescribed form along with Ext.P5 covering letter dated 18/01/2018, enclosing therewith Ext.P1 certificate of registration and other supporting documents, including Ext.P6 certificate dated 17/01/2018 issued by the Sub-Inspector of Police, Perumbavoor under sub-section (5) of Section 48 of the MV Act,. The respondent acknowledged the receipt of Ext. P5 covering letter with its enclosures on 18/01/2018 itself.

3. W.P.(C)No.2942 of 2018:-The petitioner, who is the registered owner of a Heavy Goods Vehicle bearing registration No.KL-40/F-5112, covered by Ext.P1 certificate of registration and Ext.P2 goods carriage permit, which is stated to have been surrendered before the respon

































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