TITUS BENNY Vs. JOINT R. T. O.

JUDGEMENT

(1.) This Original Petition is filed by the petitioner to quash Ext,P4 memo issued by the 1st respondent and issue a writ of mandamus to the 1 st respondent directing him to effect the change of ownership of Heavy Goods Vehicle KRD 6570 in the name of the petitioner from the name of the 2nd respondent and endorse the same in the Certificate of Registration.

(2.) Heard the counsel for the petitioner and the respondents.

(3.) It is not disputed that the vehicle in question belonged to the 2nd respondent and he sold the same to the petitioner as per Ext. P1 agreement dated 25-2-1994 for a consideration of Rs.2,60,000/- out of which Rs.1,50,000/ - was payable to the financier as per the Hire Purchase Agreement and the balance of Rs.1,10,000/- was payable to the 2nd respondent. The petitioner contends that from 25-2-1994, he is in possession of the vehicle and obtained and produced Ext. P2 Form No.29 duly filled and signed by the 2nd respondent transferor and he has filed Ext. P3 report of transfer in Form No.30 as contemplated under R.55(1) & 55(2) or the Central Motor Vehicles Rules. But on some objection raised by the 2nd respondent, the 1st respondent RTO did not transfer the ownership of the vehicle to the petitioner as prayed for and instead, issued Ext. P4 memo to the petitioner stating that the transfer of ownership of the vehicle cannot be effected till the objections raised by the 2nd respondent are not withdrawn.