BINSON Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The 1st petitioner is the registered owner of a Heavy Goods vehicle bearing Reg. No. KL-45-E-7459. He states that the goods carriage permit issued to the above vehicle has expired on 6.8.2020 and immediately thereafter he informed the respondent that he does not intent to renew the permit and sought for its cancellation. Thereafter, on 4.9.2020, the petitioner is stated to have sold the vehicle to the 2nd petitioner and thereafter he has submitted the statutory forms before the respondent for endorsing the transfer from the name of the 1st petitioner to that of the 2nd petitioner in the certificate of registration. However, his request was turned down on the ground that certain check reports were pending. The 2nd petitioner was directed to obtain a clearance certificate from the respondent to the effect that there are no departmental proceedings/check reports pending as against the vehicle. Being aggrieved, the petitioners are before this Court seeking a direction to the respondent to endorse the transfer of ownership of the vehicle from the name of the 1st petitioner to the name of the 2nd petitioner without insisting on clearing any pending check reports.

(2.) I have heard Sri. Deepak, the learned counsel appearing for the petitioners and the learned Government Pleader.

(3.) Sri. P. Deepak relying on a judgment of a learned Single Judge of this Court in Kerala Bus Transport Association and Another v. Transport Commissioner [2013 (1) KLT 440], contended that refusal or renewal of permit or declining the certificate of fitness owing to the pendency of a check report is wholly inequitable. The learned counsel would also refer to the judgment of a Division Bench of this Court in W.A.No. 2554 of 2017 dated 13.12.2017, wherein this Court relying on the dictum laid down by this Court in State of Kerala and Another v. C.P.Varghese [ 2017(3) KLT 744], held that the pendency of the check report cannot be used to deny the registered owner his right to transfer the vehicle or in seeking endorsement of the same in the registration certificate.