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2025 Supreme(Online)(Ker) 52656
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SHARAF – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 37700 OF 2025
For the Appellants/Petitioners: SHRI.THOMAS JACOB, SHRI.E.S.RAJESH
For the Respondents: SMT. DEVI SHRI R., SR. GP.
The court determined that the blacklisting of the vehicle without judicial sanction is unlawful and directed its removal.
Headnote:This judgment analyzes the validity of a vehicle's continued blacklisting under the Motor Vehicles Department records, invoking Article 300A of the Constitution. The petitioner sought to lift the blacklisting and declaratory reliefs based on alleged illegalities. The court found no objection from the respondents towards lifting the blacklist, thus directing the removal promptly. "The writ petition is disposed of as above."
| Table of Content |
|---|
| 1. blacklisting of vehicle without judicial sanction is unlawful. (Para 1) |
| 2. court recorded that respondents had no objection to lifting the blacklisting. (Para 2) |
| 3. court directed the removal of the blacklisting promptly. (Para 3) |
JUDGMENT
The writ petition is filed with the following prayers:-
“i) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to forthwith remove the block/attachment entry against vehicle Registration No. KL-40-M, 5556 from Motor Vehicles Department records.
ii) Direct the 3rd and 4th respondents to forthwith report any alleged seizure/blacklisting of the said vehicle to the jurisdictional Magistrate in compliance with Section 102 (3) Cr.P.C., and thereafter, the block may stand lifted. iii) Declare that the continued blacklisting of the petitioner’s vehicle without judicial sanction is illegal, arbitrary and violative of
iv) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”
2. The learned Government Pleader, on instructions, submits that as per the present instructions, the respondents do not have any objection to lifting the black listing of the vehicle in question. This is recorded.
3. Accordingly, there will be a direction to the 2nd respondent to pass appropriate orders based on the instructions recorded above, for lifting the black listing of the vehicle, within three weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
