SHEMEER V K Vs. JOINT REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner, who is the registered owner of a Heavy Goods Vehicle bearing registration No.KL-40/F-7917, covered by Ext.P1 certificate of registration and Ext.P2 goods carriage permit, which is stated to have been surrendered before the respondent on 10/01/2018, has approached this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondent to consider and pass orders on Ext.P4 application dated 17/01/2018 for grant of no objection certificate under Section 48 of the Motor Vehicles Act 1988 (for brevity, 'MV Act') , without insisting on the petitioner clearing any pending check reports in the light of clause (b) of sub-rule (2) of Rule 58 of the Central Motor Vehicles Rules, 1989 (for brevity, 'CMV Rules') and following the law laid down by this Court in State of Kerala and another v. C.P. Varghese, 2017 4 KHC 106 and Ext.P7 judgment of the Division Bench of this Court dated 13/12/2017 in W.A.No.2554 of 2017. According to the petitioner, he had made arrangements for transferring the ownership of the aforesaid vehicle in the name of one Imran Pasha and the proposed transferee resides within the jurisdiction of the Registering Authority, Bangalore Central, Karnataka. Ext.P3 is a copy of the surrender intimation dated 10/01/2018 in respect of Ext.P2 goods carriage permit, which has been acknowledged by the respondent on 10/01/2018 itself. The petitioner submitted Ext.P4 application before the respondent in the prescribed form along with Ext.P5 covering letter dated 18/01/2018, enclosing therewith Ext.P1 certificate of registration and other supporting documents, including Ext.P6 certificate dated 17/01/2018 issued by the Sub-Inspector of Police, Perumbavoor under sub-section (5) of Section 48 of the MV Act, . The respondent acknowledged the receipt of Ext. P5 covering letter with its enclosures on 18/01/2018 itself.

(2.) W.P.(C) No.2643 of 2018:- The petitioner, who is the registered owner of a Heavy Goods Vehicle bearing registration No.KL-11/AH-3690, covered by Ext.P1 certificate of registration and Ext.P2 goods carriage permit, which is stated to have been surrendered before the respondent on 10/01/2018, has approached this Court in this writ petition seeking a writ of mandamus commanding the respondent to consider and pass orders on Ext.P4 application dated 17/01/2018 for grant of no objection certificate under Section 48 of the MV Act, without insisting on the petitioner clearing any pending check reports in the light of clause (b) of sub-rule (2) of Rule 58 of the CMV Rules and following the law laid down by this Court in C.P. Varghese's case and Ext.P7 judgment of the Division Bench of this Court dated 13/12/2017 in W.A.No.2554 of 2017. According to the petitioner, he had made arrangements for transferring the ownership of the aforesaid vehicle in the name of one Rizwan Pasha and the proposed transferee resides within the jurisdiction of the Registering Authority, Bangalore Central, Karnataka. Ext.P3 is a copy of the surrender intimation dated 10/01/2018 in respect of Ext.P2 goods carriage permit, which has been acknowledged by the respondent on 10/01/2018 itself. The petitioner submitted Ext.P4 application before the respondent in the prescribed form along with Ext.P5 covering letter dated 18/01/2018, enclosing therewith Ext.P1 certificate of registration and other supporting documents, including Ext.P6 certificate dated 17/01/2018 issued by the SubInspector of Police, Perumbavoor under sub-section (5) of Section 48 of the MV Act, . The respondent acknowledged the receipt of Ext. P5 covering letter with its enclosures on 18/01/2018 itself.

(3.) W.P.(C) No.2942 of 2018:- The petitioner, who is the registered owner of a Heavy Goods Vehicle bearing registration No.KL-40/F-5112, covered by Ext.P1 certificate of registration and Ext.P2 goods carriage permit, which is stated to have been surrendered before the respondent on 10/01/2018, has approached this Court in this writ petition seeking a writ of mandamus commanding the respondent to consider and pass orders on Ext.P4 application dated 17/01/2018 for grant of no objection certificate under Section 48 of the MV Act, without insisting on the petitioner clearing any pending check reports in the light of clause (b) of sub-rule (2) of Rule 58 of the CMV Rules and following the law laid down by this Court in C.P. Varghese's case and Ext.P7 judgment of the Division Bench of this Court dated 13/12/2017 in W.A.No.2554 of 2017. According to the petitioner, he had made arrangements for transferring the ownership of the aforesaid vehicle in the name of one Subramani and the proposed transferee resides within the jurisdiction of the Registering Authority, Bangalore Central, Karnataka. Ext.P3 is a copy of the surrender intimation dated 10/01/2018 in respect of Ext.P2 goods carriage permit, which has been acknowledged by the respondent on 10/01/2018 itself. The petitioner submitted Ext.P4 application before the respondent in the prescribed form along with Ext.P5 covering letter dated 18/01/2018, enclosing therewith Ext.P1 certificate of registration and other supporting documents, including Ext.P6 certificate dated 17/01/2018 issued by the SubInspector of Police, Perumbavoor under sub-section (5) of Section 48 of the MV Act, . The respondent acknowledged the receipt of Ext. P5 covering letter with its enclosures on 18/01/2018 itself.