IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
HASEENA BEEGAM – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 22206 OF 2025 | WP(C) NO. 22031 OF 2025
| Table of Content |
|---|
| 1. challenge of a fitness certificate related to a blacklisted vehicle. (Para 1 , 2) |
| 2. issuance of an interim order to prevent vehicle idleness. (Para 3 , 4) |
| 3. allegations of fraudulent transfer of vehicle registration. (Para 5 , 6 , 7) |
| 4. court's stance on pending investigations affecting relief. (Para 8 , 9 , 10) |
| 5. continuance of blacklisting contingent on investigation outcome. (Para 11 , 12 , 13) |
JUDGMENT
W.P.(C) No.22206 of 2025 :- The petitioner challenges Ext.P4 passed by the Additional Registering Authority, Aluva, declining to issue a fitness certificate on account of the vehicle being blacklisted, pursuant to a complaint made by the 4th respondent.
2. An interim order was passed by this Court on
17.12.2025, which reads as follows:-
“In the interest of justice and to prevent the vehicle from being kept idle, there shall be an interim order directing the 2nd respondent in WPC No. 22206 of 2025, to consider Ext.P3 submitted by the petitioner therein, for the issuance of a fitness certificate in respect of the vehicle bearing Registration No. KL-43-F-8314 with notice to the petitioner and the 4th respondent. Orders shall be passed on Ext.P3 application within one month from the date of receipt of a copy of this order.”
3. Pursuant to the said direction, all the parties were heard, and the blacklisting was temporarily lifted, and a fitness certificate was issued.
4. Accordingly, nothing further remains to be considered in this writ petition and the same is closed.
5. W.P.(C) No. 22031 of 2025:- This writ petition is filed by the previous owner of the vehicle bearing registration No. KL- 43/F-8314, which was registered with the 3rd respondent – Regional Transport Officer, Malappuram. The allegation is that the vehicle was sold to the 7th respondent by the 6th respondent, who is stated to be the Manager of the petitioner.
6. The prayers sought in this writ petition are to direct the 4th respondent – Regional Transport Officer, Aluva, Ernakulam, to cancel the registration certificate issued in favour of the 7th respondent on the allegation that the transfer was fraudulent, and also to restore the ownership of the vehicle in the name of the petitioner. There are also other prayers seeking to initiate penal action, and also for conducting an inquiry into the alleged fraudulent transactions.
7. The stand of the official respondents is that, based on the complaint received from the previous owner, an inquiry was conducted at the end of which the matter was forwarded to the Station House Officer, Aluva Police Station, for a detailed investigation, and Crime No.1061 of 2025 of Aluva East Police Station was also registered.
8. It is submitted by the learned Government Pleader that the investigation is still going on and that action will be taken, if, on investigation and prosecution, it is found that the records produced were fake or fraudulently created. It is also submitted that further transactions with respect to the vehicle have to be restricted till the disposal of the criminal investigation.
9. After hearing the learned appearing on both sides and after noticing the facts stated above, since the investigation is pending, I am not inclined to grant the relief sought for in this writ petition. Accordingly, the writ petition is closed.
10. However, it will be open to the petitioner to make appropriate requests before the transport authority after the completion of the investigation. The petitioner will also be at liberty to move the civil court for appropriate reliefs, if so advised.
11. It is made clear that there is no consideration of the matter on merits, and all the contentions of the parties are left open.
12. Till the culmination of the investigation as directed above, the petitioner in W.P.(C) No. 22206 of 2025 is restrained from either alienating the vehicle, causing any change to the nature of the vehicle or doing any action that will diminish the value of the vehicle.
13. Needless to say, the continuance of the ord
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