IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 28291 of 2009(F) -------------------------- PETITIONER: --------------- KRISHNAKUMAR, S/O.NATARAJAN, KUNNATHARA HOUSE, KALLEPADAM, PAZHAYANNUR, THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. ASSISTANT EXCISE COMMISSIONER, THRISSUR. 2. SHIBU, S/O.MATHEW, PINAKKAD HOUSE, VADAKKETHARA, THALAPPILLY TALUK, THRISSUR DISTRICT. R1 BY SR.GOVT.PLEADER SRI.I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28291 of 2009-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of October, 2009. JUDGMENT The petitioner claims that he has ownership over a vehicle on the basis of an agreement. He is not the registered owner of the vehicle. The Motor Vehicles Act enjoins that transfer of ownership should be registered. It is not as if this Court is not unaware that interpreting law relating to sale of goods, there were precedents which have laid down that transfer of vehicles, as sale of goods, can happen even without the transfer of registration. Those decisions were essentially to reach out and fix liability on persons who have purchased vehicles under such transactions. But, when the statute law, particularly the law relating to motor vehicles, provides that transfers shall be registered, a person who alleges that he has obtained a transfer otherwise than by registration, is not permitted by law to seek a relief for release of vehicle involved in WPC28291/09 -: 2 :- statutory proceedings. For one thing, the non- registration of the transfer with the motor vehicle authority is itself an illegality. One of the perils that is sought to be prevented by insisting on registration of transfers is to enable the State to reach out and trace the owners since the field of motor vehicle law has to be put into operation to provide relief in cases of accidents, in cases of theft and in cases of utilising vehicles in commission of other offences. Section 50 of the Motor Vehicles Act provides for registration of transfers. The petitioner, not having a case that he is the registered owner, is not entitled to maintain an application before any Abkari Officer for temporary or final release of a vehicle which is subject of seizure of confiscation proceedings under the Abkari laws. The writ petition dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/131009