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2026 Supreme(Online)(Ker) 28856

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. JAYAKUMAR, J
M/S.EXCEL TRADERS – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 43874 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.M.SASINDRAN
For the Respondents: O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA, JESSY S SALIM (GP)

Court directs processing of vehicle ownership transfer applications on merits despite pending challans, post-interim relief and fee payment.

Headnote:Under Article 226 of the Constitution, petitioners, legal heirs of deceased vehicle owner and their partnership firm, sought mandamus to transfer ownership of eight goods vehicles without clearing pending challans and to access web portal. Court granted interim relief permitting application submission without challan payment. Applications submitted with fee receipts, but processing delayed on technical grounds. Issue framed as directing transfer without challan clearance despite interim order. Court considered submissions, noting fee payment and prior directions, holding that technical delays unwarranted post-interim relief. Court directed respondents 3 and 4 to process transfer applications on merits within one month, with compliance report required.

Table of Content
1. writ under art.226 for vehicle ownership transfer without challan payment. (Para 1 , 2 , 3)
2. interim order enables application submission; processing delayed. (Para 4 , 6)
3. direct processing of applications on merits within one month. (Para 8)

JUDGMENT

This Writ Petition is instituted under Article 226 of the Constitution of India seeking the following reliefs:

“(i) issue a writ of mandamus or any other writ or order commanding the respondents to allow transfer of ownership of the vehicles covered by Exts.P4 to P11 without insisting on clearing the challan detailed in Exts.P14 to P21.

(ii) issue a writ of mandamus or any other writ or order commanding the respondents to permit the petitioner to log in to the web portal for availing the services of van.parivahan.gov.in without insisting on clearing the challan detailed in Exts. P14 to P21.”

2. The petitioners are the legal heirs of the deceased T.K Francis who owned eight goods vehicles. The 1st petitioner herein is a partnership firm registered under the name and style ‘Excel Traders’. The petitioners 2 to 4 are the partners of the said firm. The details of the vehicles owned by the T.K.

Francis are as follows:

“(i) Reg.No.KL-72-C-7229-BHARAT BENZ-2823C-6x4 BSVI – Daimler India Commercial Vehicle Private Ltd. Hypothecated to Sundaram Finance Ltd.

(ii) Reg.No.KL-72-D-0529-BHARAT BENZ-3528C – 8x4BSVI – Daimler India Commercial Vehicle Private Ltd. Hypothecated to HDFC Bank.

iii) Reg. No.KL-72-D-4005-EICHER PRO -2080 XP TD CBC VE Commercial Vehicle Ltd. hypothecated to Sundaram Finance Ltd.

iv) Reg.No.KL-72-D-5439-NJ3525N/52 T TIP Ashok Leyland Ltd.

hypothecated to Sundaram Finance Ltd.

v) Reg. No.KL-72-D-7240-EICHER PRO 6028 TG BB BSVI- VE Commercial Vehicle Ltd. hypothecated to Sundaram Finance Ltd.

vi) Reg.No.KL-72-D-8431-NJ3525 N/52 T TIP - Ashok Leyland Ltd.

hypothecated to Sundaram Finance Ltd.

vii) Reg. No.KL-72-E-1930-BLAZO55 TR BS6 36 CL CB- Mahindra Ltd. hypothecated to Sundaram Finance Ltd.

viii) Reg. No.KL-72-E-3379-INTRAV30 PICKUP VX CBC BS6 - Tata Motors Ltd. hypothecated to Sundaram Finance Ltd.”

3. The petitioners 2 to 4 want to transfer the vehicles in the name of the 1st petitioner firm.

4. The learned counsel for the petitioners submitted that this Writ Petition is preferred seeking a direction to the respondents to allow transfer of ownership of vehicles covered by Exts. P4 to P11 without insisting on clearing the challan.

5. This Court vide interim order dated 12.03.2026, directed the

3rd respondent, National Informatics Center, and the additional 4th respondent, the Regional Transport Officer, to permit the petitioners 2 to 4 to submit the application for the transfer of registration of the vehicles covered by Exts. P4 to P11 without insisting for payment of challan.

6. Pursuant to the interim order of this Court, the petitioners have submitted applications for the transfer. The petitioner has produced Ext.P25 series E-fee receipts along with I.A.No.4 of 2026. The grievance highlighted by the petitioners is that the respondents 3 and 4 are not processing the transfer applications covered by Ext.P25 series stating hyper technical reasons. 7. Heard the learned Government Pleader. The learned Government Pleader submitted that a time bound directions may be issued in this matter.

8. Having considered the submissions advanced, I am of the view that a direction can be issued to respondents 3 and 4 to consider the transfer applications covered by Ext.P25 series and to pass appropriate orders on merit, within an outer limit of one month from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment before the 3rd and 4th respondents along with necessary documents for compliance. The 4th respondent, Regional Transport Authority, shall file a compliance report before this Court on or before 15.06.2026, without fail.

The Writ Petition is disposed of as above.

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