IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 37878 of 2007(H) -------------------------- PETITIONER: ------------ MR.K.Y.SADIK MOHAMMED,S/O.BAVA YOUSAF, KARIKANAMKUDIYIL HOUSE,MUDAVOOR P.O., MOOVATTUPUZHA,ERNAKULAM DIST. THROUGH HIS POWER OF ATTORNEY HOLDER K.Y.S.ABDUL LATHEEF,AGED 36 YRS S/O.BAVA YOUSAF,RESIDING AT KARIKANAMKUDIYIL HOUSE MUDAVOOR P.O. MOOOVATTUPUZHA ERNAKULAM DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------- 1. THE CENTRAL BUREAU OF INVESTIGATION REP. BY PROSECUTOR FOR CBI,HIGH COURT OF KERALA ERNAKULAM. 2. H.D.F.C. BANK LTD., MATHER SQUARE OPP. RAILWAY STATION, NORTH ERNAKULAM. 3. THE JOINT R.T.O. ALUVA BY ADV. SRI. K.S. SIVAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, ALONG WITH WPC NO. 37954 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C). No. 37878 & 37954 of 2007 ========================== Dated this the 28th day of January, 2008. JUDGMENT The first of the writ petitions is filed by one Sadik Mohammed, the purchaser of six goods vehicles bearing registration Nos. KL 7/AV 9579, KL 7/AV 9538, KL 7/AV 9578, KL 7/AV 9537, KL 7/ 9536, KL 7/AV 7731 from the financier namely H.D.F.C Bank Limited. The other writ petition is filed by the aforesaid financing bank. The bank had preferred an application before the Joint R.T.O., Aluva for issuing necessary clearance certificate in respect of the vehicles in question. The main objection that was raised against the grant of the said application was the pendency of RC/5/S/2006 registered by the Central Bureau of Investigation. During an early occasion the transferee from the bank i.e., the petitioner in W.P.(C) No. 37878/2007 had approached this Court by filing a writ petition as W.P.(C) No. 27465/2007. As per judgment dated 18.09.2007, this Court directed the CBI to conduct an investigation as to whether the vehicles were involved in the aforesaid crime registered by the W.P.(C). No. 37878 & 37954 of 2007 : 2: CBI within a period of three months from that date and leaving the option of the transferee to approach this Court again. 2. Sri. S. Sreekumar, the learned Standing Counsel for the CBI submits that the investigation thus far conducted by the C.B.I has not revealed the involvement of the above six vehicles in the above crime. If so, there cannot be any objection on the part of the Joint RTO, Aluva in issuing the necessary clearance certificate in accordance with law. Hence, these writ petitions are disposed of directing the Joint RTO, Aluva to issue necessary clearance certificate in accordance with law without raising the objection that the aforesaid vehicles are involved in the aforesaid crime registered by the CBI. V. RAMKUMAR, JUDGE. rv W.P.(C). No. 37878 & 37954 of 2007 : 3: