BY AD vs SREEDEVI S.
Case Details
6. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the 5th respondent and the learned Government Pleader.
7. Though there is a finding in Ext.P5 to the effect that the transfer of certificate of registration was effected using forged documents, nothing is stated in Ext.P5 as to how the said finding was arrived at by the 3rd respondent.
8. In view of the above, petitioner has raised a specific grievance that no proper opportunity was given to him before entering a finding in Ext.P5 W.P.(C).No.11024 of 2021 6 that the transfer of ownership was effected using forged documents. I am inclined to dispose of the writ petition as follows: Ext.P5 shall be treated as a show cause notice. The petitioner as well as the 5th respondent shall be issued with notice of hearing and the petitioner and the 5th respondent shall be entitled to produce documents/evidence in support of their contentions. After hearing both sides and after considering the documents/evidence produced by both sides, the 3rd respondent shall take a fresh decision in the matter, within a period of one month from the date of receipt of a copy of the judgment. sd/- VIJU ABRAHAM,JUDGE W.P.(C).No.11024 of 2021 7 APPENDIX OF WP(C) 11024/2021 RESPONDENTS' EXHIBITS ExhibitR5(a) The true copy of the judgment of this Hon’ble Court in W.P(Crl.)No.1139/2021 Exhibit R5(b) Exhibit R5(c) Exhibit R5(e) The true copy of the certificate of registration of 2010 model Maruti Alto Car bearing No.KL 03 T 4576 in the name of the 5th respondent The true copy of the tax vehicle invoice of the vehicle dated 21/8/2010 issued by Indus Motor Company Private Ltd. to the 5th respondent The true copy of the complaint dated 25/8/2020 submitted by the 5th respondent before the District Police Chief, Kollam Rural Exhibit R5(f) The true copy of the tax token issued by the RTO, Pathanamthitta to the 5th respondent ExhibitR5(d) The true copy of the Insurance policy of the vehicle obtained by the 5th respondent from 20/8/2020 from Maruti Insurance PETITIONER EXHIBITS EXHIBIT P6 EXHIBIT P5 EXHIBIT P4 COPY OF THE LAWYER NOTICE DATED 16.04.21 ON BEHALF OF THE PETITIONER. COPY OF NOTICE DATED 23.03.21 FROM THE 4TH RESPONDENT DIRECTING TO PRODUCE RECORDS. COPY OF THE PETITION DATED 13.01.21 BY 5TH RESPONDENT ALLEGING THAT CHANGE OF NAME WAS EFFECTED WITHOUT HER KNOWLEDGE AND CONSENT. EXHIBIT P3 COPY OF REPLY DATED 09.02.21 SUBMITTED W.P.(C).No.11024 of 2021 8 BY THE PETITIONER. EXHIBIT P2 EXHIBIT P1 COPY OF THE NOTICE DATED 29.01.21 FROM THE 4TH RESPONDENT. COPY OF CERTIFICATE OF REGISTRATION IN THE NAME OF THE PETITIONER.
6. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the 5th respondent and the learned Government Pleader.
7. Though there is a finding in Ext.P5 to the effect that the transfer of certificate of registration was effected using forged documents, nothing is stated in Ext.P5 as to how the said finding was arrived at by the 3rd respondent.
8. In view of the above, petitioner has raised a specific grievance that no proper opportunity was given to him before entering a finding in Ext.P5 W.P.(C).No.11024 of 2021 6 that the transfer of ownership was effected using forged documents. I am inclined to dispose of the writ petition as follows: Ext.P5 shall be treated as a show cause notice. The petitioner as well as the 5th respondent shall be issued with notice of hearing and the petitioner and the 5th respondent shall be entitled to produce documents/evidence in support of their contentions. After hearing both sides and after considering the documents/evidence produced by both sides, the 3rd respondent shall take a fresh decision in the matter, within a period of one month from the date of receipt of a copy of the judgment. sd/- VIJU ABRAHAM,JUDGE W.P.(C).No.11024 of 2021 7 APPENDIX OF WP(C) 11024/2021 RESPONDENTS' EXHIBITS ExhibitR5(a) The true copy of the judgment of this Hon’ble Court in W.P(Crl.)No.1139/2021 Exhibit R5(b) Exhibit R5(c) Exhibit R5(e) The true copy of the certificate of registration of 2010 model Maruti Alto Car bearing No.KL 03 T 4576 in the name of the 5th respondent The true copy of the tax vehicle invoice of the vehicle dated 21/8/2010 issued by Indus Motor Company Private Ltd. to the 5th respondent The true copy of the complaint dated 25/8/2020 submitted by the 5th respondent before the District Police Chief, Kollam Rural Exhibit R5(f) The true copy of the tax token issued by the RTO, Pathanamthitta to the 5th respondent ExhibitR5(d) The true copy of the Insurance policy of the vehicle obtained by the 5th respondent from 20/8/2020 from Maruti Insurance PETITIONER EXHIBITS EXHIBIT P6 EXHIBIT P5 EXHIBIT P4 COPY OF THE LAWYER NOTICE DATED 16.04.21 ON BEHALF OF THE PETITIONER. COPY OF NOTICE DATED 23.03.21 FROM THE 4TH RESPONDENT DIRECTING TO PRODUCE RECORDS. COPY OF THE PETITION DATED 13.01.21 BY 5TH RESPONDENT ALLEGING THAT CHANGE OF NAME WAS EFFECTED WITHOUT HER KNOWLEDGE AND CONSENT. EXHIBIT P3 COPY OF REPLY DATED 09.02.21 SUBMITTED W.P.(C).No.11024 of 2021 8 BY THE PETITIONER. EXHIBIT P2 EXHIBIT P1 COPY OF THE NOTICE DATED 29.01.21 FROM THE 4TH RESPONDENT. COPY OF CERTIFICATE OF REGISTRATION IN THE NAME OF THE PETITIONER.