SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Maneesh P.S vs Additional Registering … on 19 July, 2019

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
7

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.

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation