IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 24500 of 2010(J) --------------------------------------- PETITIONER(S): ------------------------- N.H.FAROOK, AGED 43 YEARS, S/O.KABEER RAWTHER, IV/2, KULATHINMEDU, NANDANKIZHAYA MUTHALAMADA, PALAKKAD, PIN-678 001. BY ADVS. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): ----------------------- THE REGISTERING AUTHORITY, THE REGIONAL TRANSPORT OFFICE, PALAKKAD, PIN-678 001. SR. GOVERNMENT PLEADER SRI.K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.24500 of 2010 ------------------------------------------- Dated this the 17th August, 2010 JUDGMENT The petitioner is the registered owner of a stage carriage vehicle bearing Reg.No.KL-09/J 4326. The said vehicle stands registered in his name as evidenced by Ext.P1 copy of Registration Certificate. The petitioner has purchased another vehicle bearing Reg.No.KL-07/E 2081 from one Mr.M.N.Sajeev. After purchase of the vehicle, he submitted an application for transfer of ownership of the vehicle to his name in the prescribed form Nos.29 and 30 as provided by Rule 55 of the Central Motor Vehicle Rules. His application was supported by all necessary documents and therefore, according to him, his request for transfer should have been allowed. Instead, the respondent called him for a hearing and directed him to produce the Election Identity Card issued by the Election Commission or the Ration Card in proof of his address. According to the petitioner, he does not possess either a voters identity card or a ration card. Therefore, he has produced a wpc No.24500/2010 2 Residence Certificate, evidenced by Ext.P7. In Ext.P7, the Secretary of the Grama Panchayat has certified that the petitioner is a resident of the above address. The petitioner has also submitted an affidavit as contemplated by the rules, affirming the fact that he was a resident of the address shown by him. The petitioner complains that the request for transfer of ownership submitted by him has not been allowed in spite of the above. Therefore, he seeks appropriate directions for the final disposal of his application. 2. A statement has been filed on behalf of the respondent. According to the statement, it is submitted that since the petitioner is said to be a resident of his present address from the year 2000, it appeared to be quite unnatural that he was not possessed of either a Voters Identity Card or a ration card. Therefore, an enquiry is being conducted, with the object of ascertaining whether the petitioner is actually a resident of the address given by him. The learned Senior Government Pleader submits that final orders would be passed on the petitioner's application, on completion of the said enquiry. wpc No.24500/2010 3 3. In the above circumstances, this writ petition is disposed of directing the respondent to complete the enquiry that is said to be in progress as stated above and to consider and pass final orders on the application for transfer of ownership of vehicle submitted by the petitioner, in accordance with law, as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. The petitioner shall produce a copy of this judgment before the respondent for easy compliance with the above direction. K.SURENDRA MOHAN, JUDGE css/