IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 32182 of 2009(P) -------------------------- PETITIONER(S): --------------- SEBIN.P.O., S/O.OUSEPH, AGED 33 YEARS, PUTHUSSERY, NEELEESWARAM P.O., KALADY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT (OWNER OF THE VEHICLE BEARING REGISTRATION NO.KL-05-C-6599). BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE SUB REGIONAL TRANSPORT OFFICER, ALUVA. 2. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION. 3. DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER .MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ................................................ W.P(C) No. 32182 of 2009 ................................................. Dated this the 4th day of December, 2009 J U D G M E N T The petitioner's vehicle was seized on allegation of illegal transportation of river sand. Subsequently he was directed to pay fine in respect thereof. The fine was paid and the fact of payment of the fine was endorsed in the RC book of the vehicle. The petitioner thereafter sold the vehicle to a third party and for transfer of ownership the petitioner applied for a clearance certificate in respect of the vehicle. Petitioner's grievance in this writ petition is that in view of the endorsement in the RC book, the 1st respondent is not issuing the clearance certificate. The petitioner therefore seeks the following reliefs: “1. Issue a writ of mandamus or any other appropriate writ, order or direction directing to the first respondent to remove the exhibit P1 endorsement Dated 13.6.2008 from the registration certificate of the vehicle of the petitioner bearing registration No.KL-05-C-6599. 2. Direct the first respondent to issue clearance certificate for transferring the vehicle of the petitioner to a third party and also make necessary endorsement regarding the transfer of ownership of the vehicle if necessary. 3. Declare that the exhibit P1 endorsement made by the first respondent on the registration certificate of the vehicle of the petitioner is illegal and beyond jurisdiction. W.P(C) No. 32182 of 2009 -2- 4. Declare that the first and second respondents have no right or authority to make endorsement on the registration certificate without the order from a competent court of law or from the authority prescribed under the Act.” 2. The learned Government Pleader submits that as on today, the application for clearance certificate is not pending with the 1st respondent since the petitioner has taken the same back. He would submit that if the same is resubmitted, it would be considered in accordance with law. 3. The petitioner has produced a copy of the order of the District Collector in the proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, as Ext.P2. That is a final order under the Act, imposing a fine of Rs.25,000/- on the petition. That fine has already been paid. That being so, the imposition of fine cannot be a ground for denying clearance certificate. In the above circumstances, this writ petition is disposed of with the following direction: The petitioner shall resubmit the application for clearance certificate. On receipt of the same, the 1st respondent shall consider and pass orders thereon within two weeks therefrom. Sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge