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2018 Supreme(Online)(KER) 38095

HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, J
SANAL MON K G – Appellant
Versus
REGIONAL TRANSPORT OFFICER – Respondent


J U D G M E N T

The petitioner, who is the registered owner of the vehicle bearing registration No.KL-07-AK-5870, is aggrieved by the non- issuance, by the 1st respondent, of a certificate of clearance in relation to the said vehicle, certifying that there are no cases pending against the said vehicle. The petitioner requires such a certificate in connection with the transfer of ownership of the vehicle to another person. In the writ petition, the case of the petitioner is that the reluctance on the part of the 1st respondent in issuing a certificate as requested by the petitioner is essentially on account of the doubt entertained by the 1st respondent as regards whether the vehicle in question is the subject matter of any proceedings in connection with any offence under the Kerala River Bank Protection and Regulation of Removal of Sand Act, 2001.

2. The learned Government Pleader would submit, on instructions, that although the vehicle has been released to the petitioner, there is a doubt as to whether the release was pursuant to an order directing interim custody, pending finalization of the WPC.7940/2018 2 proceedings. The learned counsel for the petitioner would submit that Exts.

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