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2026 Supreme(Online)(Ker) 23707
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
E.N.GOPAKUMAR – Appellant
Versus
THE TRANSPORT COMMISSIONER – Respondent
WP(C) NO. 10039 OF 2026
For the Appellants/Petitioners: SRI.O.D.SIVADAS, SMT.AKSHAYA ANURAJ P.A.
For the Respondents: SMT.O.M.SHALINA, SMT.DEVISHREE
The court directed the authority to expedite issuance of clearance certificates amidst unsubstantiated blacklisting claims.
Headnote:The petitioner challenged the blacklisting of four vehicles by the Motor Vehicles Department claiming lack of inspection. The court noted that vehicles had not been blacklisted, ordering the 2nd respondent to expedite clearance certificate issuance within three weeks. The request for removal of check reports was deemed unnecessary.
| Table of Content |
|---|
| 1. petitioner is vehicle owner seeking removal of blacklisting. (Para 1) |
| 2. government pleader confirms no blacklisting occurred. (Para 2) |
| 3. court directs timely issuance of clearance certificate. (Para 3) |
JUDGMENT
The petitioner is the registered owner of four contract carriages. Exts.P1 to P4 are the registration certificates. The petitioner states that check reports have been issued by the Motor Vehicles Department without inspecting the vehicles and the vehicles have been blacklisted. The petitioner has, therefore, filed this writ petition for the following reliefs :
“(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to remove the black listing of the vehicle KL 64/L 9200, KL 64/L 9600, KL 64/L 9700 and KL64/L 9800 from the Vahan portal, forthwith without insisting the compounding the check reports/payment of fine (ii) Issue any appropriate writ, order or direction to the 2nd respondent entertain Ext.P6 request to issue clearance certificate in respect of vehicles KL 64/L 9200, KL 64/L 9600, KL 64/L 9700 and KL64/L 9800 without insisting the compounding the check reports/payment of fine, enabling the petitioner to transfer the vehicle.
(iii) Declare that that issuance of check reports by the Police Authorities and of the Motor Vehicle Departmental Authorizes in violation to Ext.P5 communication/circular is illegal and arbitrary and further direct the authorities to remove those check reports from the vahan portal forthwith and to avoid black listing of the vehicles.”
2. Today, when the matter came up for consideration, the learned Government Pleader, on instructions, submitted that the petitioner’s vehicles have not been blacklisted by the Motor Vehicles Department on the basis of check reports.
This is recorded.
3. In the said circumstances, there will be a direction to the 2nd respondent to consider Ext.P6 request of the petitioner to issue clearance certificate in respect of the vehicles covered by Exts.P1 to P4, in accordance with law, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment.
The Writ Petition is accordingly disposed of.
