IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
RAHUL T.R. – Appellant
Versus
STATION HOUSE OFFICER, VARAPUZHA POLICE STATION – Respondent
WP(C) NO. 40979 OF 2025
| Table of Content |
|---|
| 1. ownership and registration discrepancies in vehicle matters (Para 1 , 2) |
| 2. statement of the 1st respondent regarding vehicle auction (Para 3) |
| 3. order for registration correction by authorities (Para 5) |
J U D G M E N T
The petitioner is stated to be the second owner of a motorcycle bearing Registration No.KL-07-AU-2018, as seen from Ext.P1 registration certificate. The petitioner submits that he had sold the vehicle, but his name was not changed in the registration certificate. The vehicle met with an accident while being driven by one Vinod Kumar on 01.02.2020. There was no insurance for the vehicle at the time. Crime No.57 of 2020 was registered against the rider of the motorcycle, and a compensation claim was also filed by the victim as O.P(M.V) No.477/2020.
2. Since the vehicle remained in the name of the petitioner, he had to settled the accident claim. The vehicle remained in the custody of the respondent Police, and apprehending future liability in similar crimes, the petitioner tried to find out the status of the owner of the vehicle and on an enquiry, it was found that though the vehicle was auctioned by the 1st respondent on 29.07.2022, the petitioner is still shown as the owner of the vehicle. Accordingly, the writ petition is filed for directing the 1st and 2nd respondents to take steps to change the name of the registration certificate of the vehicle in question to the name of the auction purchaser, who bought the vehicle in Ext.P2 auction.
3. A statement has been filed on behalf of the 1st respondent, which reads as follows;
“ 4. It is submitted that the said vehicle, which was impounded and stored as property in that case. A notice has been served to the RC owner for recovery, however, since there was no response from the RC owner, the vehicle was deemed as unclaimed. Accordingly, as per Ext.P3 Order No.G1(b)186/2022/E dated 29/07/2022, it was auctioned and sold to the establishment Expert Edge, Kannur owned by Sri.Muhammad Rameez V.C, Kunhippilly House, Kottali Kannur.
5. “It is submitted that from the station records that in the said Order No.G1(b)182/2022, the vehicle’s number was recorded as KL-07-AD- 2018 instead of KL-07-AU-2018, and it was corrected as No.189/TD/2025 in the certificate issued.”
4. Given the above, the petitioner's name cannot continue to reflect as the owner in the records, as it certainly causes difficulties.
5. Under such circumstances, the writ petition is disposed of, directing the 2nd respondent to take such steps by issuing appropriate notices to the person who bought the vehicle in auction, requiring him to change the particulars and enter his name as the owner and in the event of any default, the 2nd respondent shall take appropriate steps to cancel the registration of the vehicle in question. A decision as directed above shall be taken and intimated to the petitioner within two months from the date of receipt of a copy of this judgment.
SD/-
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