IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941
WP(C).No.14834 of 2016
PETITIONER:
MANEESH P.S
AGED 33 YEARS, S/O.SETHUMADHAVAN,
‘NISHA’ FLORICAN ROAD,
KARAPARAMBU.P.O., KOZHIKODE-673 010.
BY ADVS.
SRI.A.RANJITH NARAYANAN
SMT.A.SIMI
RESPONDENTS:
1 ADDITIONAL REGISTERING AUTHORITY/JOINT REGIONAL
TRANSPORT OFFICER
KOZHIKODE, CIVIL STATION, KOZHIKODE-673 020.
2 DEPUTY TRANSPORT COMMISSIONER
KOZHIKODE, CIVIL STATION, KOZHIKODE-673 020.
3 SMT.RAHNA RAHIMAN AGED 31 YEARS
D/O.ABDURAHIMAN, 33/4708 PEACE NEST MALAPARAMBA.P.O.
CHEVAYOOR
KOZHIKODE-673 009.
4 SRI.SANKER.J.S.
AGE NOT KNOWN TO THE PETITIONER,
S/O.SETHUMADHAVAN, ANAMIKA, 38/1520,
(KALEENA PARAMBIL), EAST HILL,
WEST HILL, KOZHIKODE-673 005.
BY ADVS.
SRI.K.NIRMALAN
SRI.LAL K.JOSEPH
SRI.A.A.ZIYAD RAHMAN
SRI.A.RAJASIMHAN
SRI.V.S.SHIRAZ BAVA
BY GOVERNMENT PLEADER SRI.RENIL ANTO KANDAMKULATHY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14834 of 2016
2
JUDGMENT
The writ petitioner seeks to set aside Ext.P10 and direct
the first respondent to keep in abeyance all further
proceedings including sanction to transfer a vehicle until
Ext.P1 complaint, Ext.P3 OP, Ext.P4 IA and Ext.P8 appeal
have been disposed of, in accordance with law.
2. The petitioner contends that he purchased a
vehicle, Ford Ecosport SUV with registration No.KL 11/AT 3663
paying more than Rs.10,00,000/-. The entire money is of the
petitioner. Solely for the purpose of loan facility, the vehicle
was registered in the name of his wife, who is the third
respondent. The entire consideration for purchase of the
vehicle was made by the petitioner, he asserts.
3. The petitioner states that the third respondent-wife
deserted him and OP No.996/2015 was filed by the petitioner
for restitution of conjugal rights. Thereupon, the third
respondent filed OP No.1010/2019 seeking custody of two
children. The third respondent-wife preferred a private
complaint also alleging offences under Section 498A, SectionIPC. The
WP(C).No.14834 of 2016
3
petitioner filed OP No.128/2016 before the Family Court,
Kozhikode seeking to declare that the vehicle in question is
owned by him and to effect change in the registration
certificate of the vehicle.
4. On the basis of a private complaint the Chevayoor
Police registered Crime No.1457/2015. Thereupon, the
petitioner was constrained to produce the vehicle in question in
the police station. The vehicle was released to the third
respondent-wife on the strength of a Kacheet, which required
the third respondent-wife to produce the vehicle before the
Police Station or court of law whenever demanded. The
vehicle was thus delivered to the third respondent.
5. In the meanwhile the third respondent-wife
executed a sale letter with the 4 th respondent, who is her
friend, to sell the vehicle to the 4 th respondent. A letter was
addressed to the first respondent seeking to transfer the
ownership of the vehicle from the name of the third respondent
to that of the 4th respondent. The petitioner objected to the
transfer. However, the first respondent issued order dated
14.03.2016 rejecting the objection made by the petitioner. The
WP(C).No.14834 of 2016
4
petitioner immediately filed an appeal dated 18.03.2016 before
the second respondent-Deputy Transport Commissioner as
per Ext.P8. As Ext.P9 appeal did not yield any result, the
petitioner has approached this Court.
6. Learned Government Pleader representing
respondents 1 and 2 on instruactions submits that the appeal
filed by the petitioner before the Additional Registering
Authority, Kozhikode has been considered and rejected by
order dated 27.06.2019. Learned Government Pleader
submitted that this is a family dispute between the petitioner
and the third respondent and respondents 1 and 2 can act only
in accordance with law. When a holder of registration
certificate seeks transfer of the vehicle, unless there is any
statutory prohibition or court orders, registering authority
cannot decline transfer of the vehicle. If the petitioner has any
grievance in that regard it has to be taken up before
appropriate court, contended the learned Government Pleader.
7. The 4th respondent submits that he has purchased
the vehicle bonafide from the third respondent since the
registration certificate in respect of the vehicle stood in the
WP(C).No.14834 of 2016
5
name of the 4th respondent. The 4th respondent has no interest
on the dispute between the petitioner and the third respondent.
The transaction entered into him is bonafide. The 4th
respondent submits that subsequently, he has transferred the
vehicle to another.
8. I have heard the pleadings and considiered the
arguments raised by counsel on both sides.
9. Going by the pleadings and the arguments, what is
discernible is that the issue is the outcome of the family
dispute between the petitioner and the third respondent, who is
the wife of the petitioner. A number of litigation are pending
before the Family Court, Kozhikode between the petitioner and
the third respondent. In fact the petitioner has filed Ext.P3, OP
No.128/2016, seeking for a declaration that the petitioner is the
real owner of the vehicle bearing registration No.KL 11/AT
3663. The petitioner submits that there is an attachment order
in the said OP.
10. Since the petitioner has approached the Family
Court, Kozhikode to adjudicate the issue regarding the
ownership of the vehicle, it is not appropriate for this court to
WP(C).No.14834 of 2016
6
interfere in the matter in exercise of the power under SectionArticle
226 of the Constitution of India.
In the circumstances, this writ petition is disposed of
allowing the petitioner to agitate the greivance regarding the
ownership of vehilce, before the Family Court, Kozhikode.
Sd/-
N.NAGARESH
dlk/19.07.19 JUDGE
WP(C).No.14834 of 2016
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APPENDIX
PETITIONER’S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PRIVATE COMPLAINAT DATED
08-12-2015.
EXHIBIT P2 TRUE COPY OF THE KACHEET DATED 15-12-2015
ISSUED BY THE CHAVAYOOR POLICE.
EXHIBIT P3 TRUE COPY OF THE O.P.NO.128/2016 PENDING
BEFORE THE LEARNED FAMILY COURT, KOZHIKODE.
EXHIBIT P4 TRUE COPY OF THE I.A. DATED 09-02-2016 IN
EXHIBIT P3.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 04-03-2016
ISSUED BY THE SHO, CHEVAYOOR POLICE
STATION.
EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 16-02-2016
FILED BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.BO4/215705/2016/D
DATED 14-03-2016 AND SIGNED ON 15-03-2016.
EXHIBIT P8 TRUE COPY OF THE APPEAL DATED 18-03-2016
DULY ACKNOWLEDGE AS RECEIVED BY THE 2ND
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE CHALAN RECEIPT DATED 18-
03-2016 ACKNOWLEDGING RECEIPT OF APPEAL
FEE.
EXHIBIT P9 TRUE COPY OF THE ORDER NO.BO4/52037/06/D
DATED 14-03-2016 AND SIGNED ON 01-04-2016.