BENNICHAN IMMANUAL Vs. JOINT REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) Second respondent in W.P.(C) No.14039/2020 has filed this appeal challenging the judgment of the learned Single Judge dated 2.11.2020. The learned Single Judge disposed of the writ petition directing as follows at paragraph 6:

(2.) The case put forth by the writ petitioner/2 nd respondent herein was that he is the registered owner of a HGV Goods carriage bearing registration No.KL-06-G-1873, evident from Ext.P1 registration certificate and Ext.P2 insurance policy. He contended that the original record of the vehicle was stolen sometime in the year 2019 by the appellant, which led to lodging of a complaint before the Police. Later, writ petitioner applied for a duplicate copy of the registration certificate and the same was issued by the Joint Regional Transport Officer, Idukki, 1st respondent herein, after complying with due procedure. The insurance policy was later renewed and the writ petitioner is in possession of the vehicle. While so, on 23.6.2020, the writ petitioner sold the vehicle to one Shihab and thereafter, he filed an application seeking to change the registration of the vehicle in the name of the purchaser. The grievance of the writ petitioner was that the Joint Regional Transport Officer was not considering the application for transfer of registration on the ground that appellant herein has raised objection to the transfer. Legal contentions raised by the writ petitioner was that the Joint Regional Transport Officer was duty bound to consider the application on the basis of Section 50 of the Motor Vehicle Act, 1988 ('Act, 1988' for short).

(3.) Learned Government Pleader on behalf of the Joint Regional Transport Officer submitted that the vehicle stood registered in the name of the writ petitioner in the temporary address as the proprietor of one Divine Gas Agencies, Kattappana. It was contended by the appellant/2 nd respondent before the learned Single Judge that he filed W.P.(C) No.11144/2020 and the same is pending consideration before this Court and unless orders are passed in the said writ petition, the registration shall not be permitted to be transferred.