IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 31173 of 2009(N) --------------------------------------- PETITIONER(S): ---------------------- AJAS, S/O. ANTHRU, AGED 25 YEARS, KANNOTHUPARAMBU, ARYANKAVU, THOTTUMUGHAM, ALUVA VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. (OWNER OF THE VEHICLE BEARING REGISTRATION NO.KL-41-9216). BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): ------------------------- 1. THE SUB REGIONAL TRANSPORT OFFICER, ALUVA. 2. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION. 3. DISTRICT COLLECTOR, ERNAKULAM. R1 TO R3 BY GOVERNMENT PLEADER SMT.T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31173/2009-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 24/07/2007 PASSED BY THE THIRD RESPONDENT. EXT.P2: COPY OF THE ENDORSEMENT DATED 02/04/2009 MADE BY THE FIRST RESPONDENT ON THE REGISTRATION CERTIFICATE OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31173 OF 2009 ------------------------------------------- Dated this the 30th day of January, 2010 JUDGMENT While the petitioner complains of non-issuance of clearance certificate by the first respondent for transferring ownership of a vehicle and though he attributes such refusal to be on the basis of an endorsement in the R.C. book that the vehicle was previously involved in illegal transportation of river sand, learned Government Pleader, on instructions, submits that there is no application for issuance of clearance certificate. Accordingly, it is directed that if the petitioner places appropriate application for clearance certificate or shows identity of the application already filed, the first respondent will issue orders in accordance with law, giving reasons therewith if it is against the interest of the petitioner. Let this exercise be carried out within one month from the date of receipt of a copy of this judgment and the application as aforesaid. The writ WPC.31173/09 2 petition is ordered accordingly. All issues on merits are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.03/02.