MANAGING DIRECTOR Vs. JOINT REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The 1st petitioner, who is the registered owner of a heavy goods vehicle bearing registration No.KL-40/H-578 covered by Ext.P1 certificate of registration and Ext.P2 goods carriage permit, which is valid upto 3.1.2018. The petitioners have approached this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P5 order dated 28.12.2017, whereby the application made by the petitioners for transfer of ownership stands rejected. The petitioners have also sought for a writ of mandamus commanding the respondent to endorse the transfer of ownership of the said heavy motor vehicle in the name of the 2nd petitioner, without insisting on clearing any pending check reports, following the law laid down by the decision of this Court in State of Kerala v. Varghese, 2017 3 KerLT 744.

(2.) Heard the learned counsel for the petitioners and also the learned Government Pleader appearing for the respondent.

(3.) The issue as to whether endorsement regarding transfer of ownership of goods carriage can be delayed in view of the pendency of check reports is no more res integra in view of the law laid down by the Division Bench of this Court in Varghese's case . Paragraph 11 of the said decision reads thus;