M H BADARUNNEESA Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THIS writ petition has been filed by the registered owner of the vehicle bearing registration No. KL-6B 8385 on being aggrieved by the inaction on the part of the first respondent in considering Ext.P4 application submitted by the petitioner. Ext.P4 application was submitted by the petitioner on 26.7.2010 with a request to issue a duplicate Registration Certificate in terms of the provisions under Rule 97 of the Kerala Motor Vehicles Rules, 1989. According to the petitioner, he lost possession of the original Registration Certificate on account of reasons beyond his control and therefore, according to him, the respondents are bound to consider his application in accordance with the relevant provisions. Considering the fact that the petitioner has already approached the competent authority through Ext.P4 and Ext.P4 is still pending before that authority, I do not think it proper for this Court to consider the contentions raised by the petitioner on merits at this stage. In view of the order I propose to pass in this writ petition I do not think it necessary to issue notice to respondents 2 and 3. As already noticed hereibefore, Ext.P4 application submitted by the petitioner with a request to issue duplicate Registration Certificate is pending before the first respondent. Admittedly, there are some disputes between the petitioner and respondents 2 and 3.

(2.) IN the above circumstances, this writ petition is disposed of with a direction to the first respondent to consider Ext.P4 application submitted by the petitioner for issuance of duplicate Registration Certificate in the light of the relevant provisions under Rule 97 of the Kerala Motor Vehicles Rules with notice to the petitioner as also to respondents 2 and 3. This shall be done expeditiously, at any rate within a period of two months from the date of receipt of a copy of this judgment.