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2018 Supreme(Ker) 221

ANIL K.NARENDRAN
Shemeer V. K. , S/o. Kochu Muhammed – Appellant
Versus
Joint Regional Transport Officer – Respondent


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

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 tra



































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