K M SUJITH Vs. REGISTERING AUTHORITY, THRISSUR

JUDGEMENT

(1.) The 1st petitioner is the registered owner of a Heavy Goods Vehicle bearing registration No.KL-41/E-7224, covered by Ext.P1 certificate of registration and Ext.P2 goods carriage permit, which is valid up to 09.01.2019. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to endorse the transfer of ownership of the aforesaid goods carriage from the name of the 1st petitioner to the name of the 2nd petitioner on the ground that the 1st petitioner sold the said vehicle to the 2nd petitioner on 22.11.2017, without insisting on clearing any pending check reports following the dictum laid down by this Court in State of Kerala v. Varghese, (2017) 3 Kerala Law Times 744 and reiterated in W.A.No.2554 of 2017.

(2.) Heard the learned counsel for the petitioners and also the learned Senior 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</i> 11 of the said decision reads thus;