IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 RP.No. 459 of 2008(W) --------------------- AGAINST THE JUDGEMENT IN WPC.5658/2008 Dated 19/03/2008 .................... PETITIONER: PETITIONER: ---------------------------- AMMINIKUTTY.K.A., AGED 61, W/O.LATE V.BHASKARAN, RESIDING AT "VALIYATHARA", SOUTH CHITTOOR, COCHIN-27. BY ADV. SRI.A.RANJITH NARAYANAN SRI.V.V.UNNIKRISHNAN RESPONDENTS: RESPONDENTS: ------------------------- 1. CIRCLE INSPECTOR OF POLICE, NJARACKAL POLICE STATION, NJARACKAL, COCHIN 682 565, THROUGH GOVT. PLEADER, HIGH COURT OF KERALA. 2. JOINT REGIONAL TRANSPORT OFFICER, CIVIL STATION, KAKKANAD, COCHIN THROUGH GOVT. PLEADER, HIGH COURT OF KERALA. BY GOVERNMENT PLEADER SMT. K.R.DEEPA THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------------------------------------------- R.P. 459 OF 2008 & W.P.(C) 5658 of 2008 ------------------------------------------------------------------ Dated: AUGUST 8, 2008 JUDGMENT R.P. 459 OF 2008 The writ petition was dismissed by judgment dated 19th March 2008 accepting the submission of the learned Government Pleader that the vehicle bearing registration No.KL-7/AR 1617, was involved in Crime No.204/2005 of Munampam Police Station. Subsequently the review petition has been filed by the petitioner, producing the FIR in Crime No.204/2005 and contending that the vehicle had no involvement in the crime. Thereupon the case was adjourned with a direction to the Government Pleader to get a report from the Investigating Officer. Accordingly, along with a memo dated 5.8.2008, a report of the Circle Inspector of Police, Narakal, is filed in this case. In the report it is categorically stated that the investigation so far conducted has not revealed that vehicle No.KL-7/AR 1617 is R.P. 459 OF 2008 & W.P.(C) 5658 of 2008 2 connected with the activities of Southern Himalaya Chitties (P) Ltd. or in Crime No.204/2005 referred to above. 2. In view of this, the judgment rendered by this court is erroneous and therefore the review petition is allowed and the judgment is recalled. W.P.(C) 5658 of 2008 3. The prayer sought for in this writ petition is to direct the respondents to issue NOC to the petitioner for transfer of ownership of the vehicle bearing registration No. KL-7/AR 1617. The NOC was declined on the basis that according to the Circle Inspector of Police, Narakkal, the vehicle was involved in Crime No.204/2005 of Munampam Police Station and for that reason the C.I. of Police had issued a letter to the RTO, Ernakulam, not to transfer the ownership of the vehicle. It has now come out from the report submitted by the Circle Inspector of Police that this vehicle is not involved either in the aforesaid crime or in any other crime. In view of this, there is absolutely no R.P. 459 OF 2008 & W.P.(C) 5658 of 2008 3 reason to decline NOC for transferring the vehicle. 4. Therefore it is directed that necessary NOC will be issued by the respondents in order to enable the petitioner to transfer the ownership of the vehicle referred to above. This shall be done within two weeks of production of a copy of this judgment. 5. Be that as it may, it is clarified that during the course of the ongoing investigation, if the involvement of the vehicle comes to notice, the respondents will be free to proceed against the vehicle. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-