SANTAKUMARI Vs. RTO KOZHIKODE

JUDGEMENT

(1.) In this original petition the petitioner has asked for a writ of mandamus compelling the respondent, viz., the Regional Transport Officer and Registering Authority, Kozhikode to make the necessary entries in the R. C. of motor vehicle K. L. Z-1180 under S.31 of the Motor Vehicle Act. According to the petitioner, her husband had entered into an agreement with one M. Syed Alavi, Cheruvannoor Transport, Kozhikode for purchase of bus No. K. L. Z. 1180. This agreement provided that on payment of full consideration, viz., Rs. 32,250/- Syed Alavi would issue sale letter in respect of the vehicle to the petitioner's husband or his nominee. This full consideration was paid and the petitioner's husband requested Syed Alavi to issue sale letter in favour of the petitioner and this was done.

(2.) On 17-1-1975 the petitioner reported to the respondent under S.31 of the Act for entering the particulars of the transfer in the registration certificate of the vehicle. It is alleged that the petitioner produced the registration certificate, chalan for fees and the transfer report from the transferor Syed Alavi besides her own report in the matter. The complaint of the petitioner is that the respondent refused to note the transfer and return the registration certificate to the petitioner after making the necessary entries. The petitioner contends that no order rejecting the request for entering the particulars of transfer has been passed. The respondent along with his counter has filed Ext.R1 which states that the "petitioner is informed that her application for transfer of ownership cannot be considered without clearing the arrears of tax and T. P. G. due in the name of the transferor in respect of his vehicles K. L. D. 9605 and K. L .Z. 335".

(3.) In the counter what is contended is that while action for recovery of arrears of tax is pending against the registered owner Sri Syed Aivavi, which was in respect of vehicle K. L. D. 9605 and K. L. Z. 335 the transfer of the vehicle has been effected in favour of the petitioner. It is stated that since the endorsement of transfer of ownership will be against the provisions of S.11 A of the Kerala Motor Vehicles (Taxation of Passengers and Goods) Act, Ext. R1 memo has been issued.