IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 W.P(C).No. 10310 of 2008(B) ---------------------------------- PETITIONER: -------------- D.S.SREEKUMAR S/O. G.DIVAKARAN NAIR, C-7 AMRITHA NAGAR, KAIMANAM, PAPPANAMCODE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ----------------- 1. THE REGIONAL TRANSPORT OFFICER OFFICE OF THE REGIONAL TARANSPORT OFFICER THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE FORT POLICE STATION, FORT P.O. THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, MOTOR VEHICLES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 10310 OF 2008 B ==================== Dated this the 8th day of April, 2008 J U D G M E N T Petitioner has purchased a Motor Cycle and the same was registered on 8/2/96 as is evident from Ext.P1. Registration was granted by the Motor Vehicles Department of Andhra Pradesh, as according to the petitioner at the relevant time, he was working in that State. Petitioner has come back to Kerala and is presently posted at Thiruvananthapuram and thereupon he made an application for registering the vehicle at Trivandrum. He also produced a No Objection Certificate from the Andhra Pradesh Motor Vehicles Department and produced the vehicle for inspection. Thereupon, he was informed that the Chassis Number of the vehicle matches with that of a vehicle stolen from Uttar Pradesh and thereupon the petitioner has surrendered the vehicle to the 2nd respondent. In this writ petition what is sought for by the petitioner is that the vehicle should be registered and released to him. 2. From the submissions made by the learned Government Pleader, it is seen that in 2004 Crime on the loss of vehicle in Uttar Pradesh was registered as FIR/GD/No.361/04 of Lusari Gate Police Station WPC 10310/08 :2 : of Meerut. From the facts of this case, since the vehicle of the petitioner was registered as early as on 8/2/96, it cannot even be inferred that the vehicle of the petitioner is the one which is stolen in 2004. If that be so, the inconsistency in the Chassis Number that is now noticed could not go to the prejudice of the petitioner. Therefore, I do not find any justification for refusing to register the vehicle produced for registration and later surrendered by the petitioner. Therefore, this writ petition is disposed of directing that the 1st respondent shall register the vehicle produced by the petitioner based on the application made by him. It is also directed that on production of a copy of this judgment, the 2nd respondent shall release the vehicle to the petitioner. ANTONY DOMINIC,JUDGE. Rp