IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 8^TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946 WP(C) NO. 1576 OF 2024 PETITIONER:

JITHIN MOHANAN AGED 30 YEARS S/O. MOHANAN. M. V, MANGALATHUPARAMBIL, MALAYATTOOR. P. O, ERNAKULAM., PIN – 683587 BY ADVS. B.PRAMOD BIJU VIGNESWAR RESPONDENTS:

1 THE REGIONAL TRANSPORT OFFICER (RTO)

2ND FLOOR, CIVIL STATION, KAKKANAD, VAZHAKKALA, ERNAKULAM., PIN - 682030

2 CHOLAMANDALAM INVESTMENT & FINANCE CO. LTD

2ND FLOOR, THEKKEKARA COMMERCIAL CENTRE, PADIVATTOM, ERNAKULAM., PIN - 682024

3 LATHA. S W/O. LATE GIRISH BABU, PUNNAKKADAN HOUSE, PUNNAKKATTU MOOLA, THRIKKAKARA NORTH, ERNAKULAM., PIN – 682022 BY ADVS.

SRI.SREEJITH V.S-GOVERNMENT PLEADER SRI.BINOY VASUDEVAN-R2 SRI.ASOKAN K.V.-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 8^th day of April, 2024 The petitioner has filed this writ petition seeking the following relief:-

(i) Issue a writ of mandamus or any appropriate writ, order or direction commanding the 1^st respondent to remove the status of the vehicle bearing Registration No.KL-07-CV-3015 as “Blacklisted” from the “Parivahan Sewa” Website and dispose of Ext.P2 application in terms of law at the earliest.

2. When this writ petition came up for hearing today, counsel for the petitioner submits that the petitioner will be satisfied if a direction is given to the 1^st respondent to consider Ext.P2 application and pass appropriate orders thereon.

3. Government Pleader resisted the writ petition.

The Government Pleader submitted that complaints were received from the 3^rd respondent and on the basis of that complaint, the vehicle was blacklisted.

4. Going through the writ petition, I find that Ext.P2 is an application for issuance of a fresh certificate of registration in the name of the financier. Ext.P2 being a statutory application, it would be only proper for the 1^st respondent to consider the same.

The writ petition is therefore disposed of directing the

1^st respondent-Regional Transport Authority to consider Ext.P2 application and take appropriate decision thereon, within a period of two months, after giving an opportunity of hearing to the 3^rd respondent.

Sd/-

N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 1576/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE VEHICLE RELEASE ORDER DATED 01.11.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED

10.11.2023 FOR ISSUANCE OF A FRESH CERTIFICATE OF REGISTRATION SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE COVERING LETTER DATED

10.11.2023 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE SCREEN SHORT OF THE ENTRY RELATING TO THE VEHICLE BEARING REGISTRATION NO. KL-07-CV-3015 SHOWN IN THE 'PARIVAHAN SEWA' WEBSITE.

RESPONDENT EXHIBITS EXHIBIT R3(A) TRUE COPY OF THE RC BOOK ISSUED BY THE

1ST RESPONDENT TO THE 3RD RESPONDENT S HUSBAND ON 23.11.2020 EXHIBIT R3(B) TRUE COPY OF THE POLICE COMPLAINT DT

12.10.23. FILED BEFORE THE SHO KALAMASSERY BY THE 3RD RESPONDENT