IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 W.P(C).No. 11780 of 2008(B) ---------------------------------- PETITIONER: -------------- ABDUL JALEEL, ELAMPADATHU THEKKETHIL, ERUVA,P.O., KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENTS: ------------------ 1. THE JOINT REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICER, KAYAMKULAM, ALAPPUZHA. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY, MOTOR VEHICLES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 11780 OF 2008 - B = = = = = = = = = = = = = = = Dated this the 16th June 2008 J U D G M E N T Petitioner claims to be the owner of a Maruti 800 purchased by availing of hire purchase from HDFC Bank, Ernakulam. According to him he had obtained a temporary registration also. 2. It is stated by the petitioner that he lost the original sale certificate and along with Ext. P2, application made for permanent registration, though he had produced all other records he could not produce the original sale certificate. It is stated that on the loss of the original certificate, Ext. P3 publication was carried out and he obtained Ext. P4 duplicate sale certificate also. Petitioner submits that Exts. P3 and P were also produced along with Ext. P2 and that despite all these, the 1st respondent declined to accept Ext. P2 on the ground that the original sale certificate was not produced along with the application. It is in these circumstances, the writ petition has been filed praying for a direction to entertain the application along with the documents that he has produced. W.P.(C) No. 11780 OF 2008 -2- 3. Though the original sale certificate is required to entertain the application for permanent registration, in this case, it is the positive case of the petitioner that he lost the original sale certificate and despite the best efforts the same could not be retrieved. It is in these circumstances, he published the loss of sale certificate in the newspaper and obtained Ext. P4 duplicate copy of the sale certificate, the genuineness of which is a matter which the 1st respondent can consider. 4. In my view, if the original sale certificate, which is lost irretrievably, is to be produced that would render it impossible for the petitioner to obtain registration of his vehicle. Since the petitioner cannot be asked to comply with a condition which is incapable of compliance, I feel, the 1st respondent should consider Ext. P2 application made by the petitioner along with the documents that were produced including Exts. P3 and P4 and pass orders on the request made by the petitioner. 5. However, I clarify that it will be open to the 1st respondent to examine the genuineness of Ext. P2 before final orders are passed in this matter. It is directed that once the application is W.P.(C) No. 11780 OF 2008 -3- made by the petitioner as above, the 1st respondent shall consider the same in the manner as directed and appropriate orders will be passed within two weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-