WILSON. M.V v. THE REGIONAL TRANSPORT OFFICER
Court: High Court of Kerala
Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-09. WILSON. M.V v. THE REGIONAL TRANSPORT OFFICER. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. K. JAYASANKARAN NAMBIAR WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942 WP(C). No. 24806 OF 2020(A) PETITIONER/S: 1 WILSON. M. V AGED 48 YEARS NO. 15/428, MANADAN HOUSE, ANNAMANADA, THRISSUR DISTRICT,REPRESENTED BY THE POWER OF ATTORNEY HOLDER,SRI. TOMY, S/O. JOSE, KANNAMPILLY HOUSE, KUMBIDY DESAM, CHALAKUDY TALUK, THRISSUR DISTRICT 2 VENUGOPAL. V. G. , S/O. GOPALAN NAIR, SANTHI NIVAS, PALISSERY, ANNAMANADA P. O. , CHALAKUDY TALUK, THRISSUR DISTRICT BY ADV. SRI. O. D. SIVADAS RESPONDENT/S: 1 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, CIVIL STATION, ERNAKULAM,PIN-682 030 2 THE REGISTERING AUTHORITY, (JOINT REGIONAL TRANSPORT OFFICER), SUB REGIONAL TRANSPORT OFFICE, CHALAKUDY, THRISSUR DISTRICT,PIN- 680 307 OTHER PRESENT: GP DR. THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No.
24806 OF 2020(A) 2 JUDGMENT The 1st and 2nd petitioners have applied for a transfer of a vehicle from 1st petitioner to the 2nd petitioner. In the writ petition, it is the case of the petitioners that while there is a motor vehicle tax liability outstanding against the 1st petitioner, and the said petitioner has obtained a conditional order of stay against recovery on payment of certain amounts, and the said conditions have been complied with by the 1st petitioner, the application for transfer of the motor vehicle before the respondent is not being taken up on account of the pendency of the balance dues from the 1st petitioner. In the writ petition, the 2nd petitioner undertakes to discharge the tax liability of the 1st petitioner in the event of this Court finding against the 1st petitioner in the pending writ petition.
Taking note of the said submission of the learned counsel for the petitioners, I dispose the writ petition with the following direction:- 1) On the 2nd petitioner furnishing an undertaking before the 1st respondent to the effect that he will discharge the liability of the 1st petitioner in the event of the pending writ petition being decided against the 1st petitioner, the 1st respondent shall issue a clearance certificate that will enable the processing of the application for transfer presented before the 2nd respondent. 2) The application for the transfer of the vehicle shall thereafter be WP(C). No. 24806 OF 2020(A) 3 processed within a period of two weeks from the date of the 2nd petitioner furnishing the undertaking as directed. The writ petition is disposed as above. Sd/- A. K. JAYASANKARAN NAMBIAR JUDGE SJ WP(C). No. 24806 OF 2020(A) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE REQUEST DATED 30. 06.
2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE PROCEEDING DATED 08. 07. 2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE PROCEEDING DATED 24. 08. 2020 ISSUED TO THE 1ST PETITIONER EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 15. 10. 2020 ISSUED TO THIS HON'BLE COURT EXHIBIT P5 TRUE COPY OF THE APPLICATIONS DATED 5. 11. 2020 SUBMITTED FOR TRANSFER OF OWNERSHIP OF THE VEHICLE FROM THE 1ST PETITIONER TO THE 2ND PETITIONER
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.