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2022 Supreme(Online)(KER) 58677

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944 WP(C) NO. 15935 OF 2022 PETITIONER/S:

JACOB KURUVILA, AGED 53 YEARS S/O, C. KURUVILLA, C 503, NCC PEARL BAY, PUTHIYA ROAD KADAVANTHARA, ERNAKULAM - 682020.

BY ADVS.

JACOB P.ALEX JOSEPH P.ALEX MANU SANKAR P.

AMAL AMIR ALI RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN 695 001.

2 TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. PIN 695 014

3 DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL, OFFICE OF TRIVANDRUM DISTRICT RURAL POLICE, PALAYAM, THIRUVANANTHAPURAM. PIN 695 033.

4 REGIONAL TRANSPORT OFFICER, ERNAKULAM REGIONAL TRANSPORT OFFICE, 2ND FLOOR, CIVIL STATION KAKKANAD, ERNAKULAM, PIN-682030.

5 REGIONAL TRANSPORT OFFICER, THIRUVANANTHAPURAM, REGIONAL TRANSPORT OFFICE 5TH FLOOR, KSRTC TERMINAL THIRUVANANTHAPURAM-695023.

6 SUB-REGIONAL TRANSPORT OFFICER, NEDUMANAGAD 3RD FLOOR, REVENUE TOWER, SUB- REGIONAL TRANSPORT OFFICE, NEDUMANGAD TOWN RD, NEDUMANGAD, THIRUVANANTHAPURAM. PIN

695 541.

7 AJIM KHAN SHAN NIVAS, THARRATTA KALLARA P.O. THIRUVANTHAPURAM DISTRICT. PIN

695 608.

OTHER PRESENT:

SR GP SRI JUSTIN JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Jurisdiction of this Court under Article 226 of the Constitution of India has been invoked by issuing directions to the concerned RTO for transfering the ownership of the vehicle bearing No.KL 07-AV-2147 by submitting Form 29 and 30 and with a representation for issuance of directions as aforementioned without the signatures of the transferree. The provisions of the Motor Vehicle Act do not permit or empower the registering authority to transfer the vehicle without the signature of transferor and transferee. Form 29 placed on record though reflects the signature of transferor but Form 30 does not bear it. It is a private dispute between the transferor and transferee and a novel method has been invented for issuance of directions to the respondent by making a representation to convert the illegality into legality. Such attempt is gross abuse of the process of the court and therefore liable to be deprecated. Writ petition is dismissed with a cost of Rs. 10,000/- to be paid to the Bar Association of the Kerala High Court.

Sd/-

sab AMIT RAWAL JUDGE APPENDIX OF WP(C) 15935/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NUMBER KL 07-AV-2147.

Exhibit P2 TRUE COPY OF THE SALE AGREEMENT DATED 30.05.2021 BETWEEN PETITIONER AND THE 7TH RESPONDENT FOR SALE OF THE VEHICLE BEARING REGISTRATION NUMBER KL 07-AV-2147.

Exhibit P3 TRUE COPY OF THE SCREEN SHOT OF THE RELEVANT WEBPAGE OF THE 'VAHAN' PORTAL SHOWING THE APPLICATION STATUS FOR APPLICATION NO. KL21053016944112 DATED 30.05.2021.

Exhibit P3 A TRUE COPY OF THE E-FEE RECEIPT DATED 30.05.2021.

Exhibit P3 B TRUE COPY OF THE PRINT OUT OF THE FORM 29 DATED

30.05.2021 WITH RESPECT TO THE SALE OF VEHICLE TO 7TH RESPONDENT.

Exhibit P3 C TRUE COPY OF THE PRINT OUT OF THE FORM 30 DATED

30.05.2021 WITH RESPECT TO THE SALE OF VEHICLE TO 7TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE CHALLAN DATED 13-08-2021.

Exhibit P5 TRUE COPY OF THE REGISTERED NOTICE ALONG WITH POSTAL RECEIPT DATED 24-09-2021 ISSUED BY THE PETITIONER TO THE 7TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE REGISTERED NOTICE DATED 09-11-2021 ALONG WITH POSTAL RECEIPT SENT TO RESPONDENTS 4 TO 6.

Exhibit P7 TRUE COPY OF THE DIGITAL REGISTRATION CERTIFICATE OF VEHICLE NO. KL 07-AV-2147.

Exhibit P8 TRUE COPY OF THE CHALLAN DATED 05.04.2022 FOR THE VEHICLE NO. KL 07-AV-2147.

Exhibit P8 A TRUE COPY OF THE CHALLAN DATED 26.04.2022 FOR THE VEHICLE NO. KL 07-AV-2147.

Exhibit P9 TRUE COPY OF THE LETTER DATED 09.05.2022 ISSUED BY THE PETITIONER TO THE 4TH AND 6TH RESPONDENTS

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