ABDUL JALEEL K. Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner herein purchased a car on 28/12/2016 and the registration certificate was issued in his favour as Ext.P1. Much later in 2020, petitioner proposed to sell the above vehicle and entered into a sale agreement with a third party. When he attempted to change the ownership in favour of the 3rd party, it was found that the vehicle was black listed in connection with the crime No.2041/2020 of Peroorkada Police station. Since the vehicle is blacklisted, he is unable to change the ownership. He understood that a crime was registered in connection with investigation that was pending as against the previous owner who had sold the car to him. Petitioner sought for a direction to the respondents 1 and 2 to remove the vehicle from black listing entered in the concerned records.

(2.) Heard the learned counsel for the petitioner, the learned senior Government Pleader and the learned ASG on behalf of the additional respondent.

(3.) Evidently, blacklisting of the vehicle was in relation to certain financial transactions entered into by the previous owner by collecting huge amounts from several persons in relation to real estate business. This court by judgment in W.P. (C) No.27876/2020 had held that mere registration of a crime cannot be a ground for blacklisting the vehicle and the various services available to the parties cannot be denied on the ground that the vehicle stands blacklisted. It was also contended that compelling the petitioner to remit the penalty as a condition precedent for service would amount to surrendering of his right to contest and he is ready to challenge the criminal proceedings in accordance with law. There is nothing to show that there is any order of court interdicting transfer.