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2025 DAILYLAW 3755 (KER)

VIMAL V M, v. STATE OF KERALA,

WP(C)/7548/2025 · 2025-03-27

Gopinath P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 7548 OF 2025 1 2025:KER:27386 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 7548 OF 2025 PETITIONER: VIMAL V M, AGED 32 YEARS S/O MOHANAN V V, VETTIYADAN HOUSE, CHEMBUCHIRA P O, KODAKARA, THRISSUR, PIN - 680684 BY ADVS. MEENAKSHY PARVATHY NANDAGOPAN M.C. ARUN T.S. SREEPARVATHI G.V. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY HOME SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 MOTOR VEHICLE DEPARTMENT, REPRESENTED BY CHIEF TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD PO, THIRUVANANTHAPURAM, PIN - 695014 3 REGIONAL TRANSPORT OFFICE, REPRESENTED BY REGIONAL TRANSPORT OFFICER, CIVIL STATION, UP HILL POST, MALAPPURAM, PIN - 676505 4 THE STATION HOUSE OFFICER, TANUR POLICE STATION, TANUR, MALAPPURAM, KERALA, PIN - 676302 SRI. P.S.APPU, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7548 OF 2025 2 2025:KER:27386 JUDGMENT The petitioner has approached this court being aggrieved by the fact that certain traffic challans are issued in respect of two wheeler bearing registration No.KL 02 BF 4625 belonging to the petitioner on account of the fact that some other vehicle has been plying on the road fraudulently using the registration number of the vehicle belonging to the petitioner. 2. The learned Government Pleader submits on instructions that the petitioner is the registered owner of the vehicle bearing registration number KL 02 BF 4625. It is submitted that the authorities have considered the complaint raised by the petitioner and have confirmed that the traffic violations detected by the AI cameras and in respect of which challans were issued were on account of the fraudulent use of the registration number of the vehicle belonging to the petitioner. It is further submitted that the offending vehicle was traced out and it was ascertained that the actual registration number of the offending vehicle is KL 11 BH 0725. It is submitted that a crime has been registered as crime No.328/2025 under section 340(2) of the Bharatiya Nyaya Sanhita at Tanur Police Station against the owner of the offending vehicle. It is further submitted that the e-challans issued in respect of the WP(C) NO. 7548 OF 2025 3 2025:KER:27386 vehicle belonging to the petitioner will be recalled and the challans will be re-issued to vehicle bearing registration No.KL11 BH 0725. This Writ Petition is closed recording the submissions of the learned Government Pleader and directing that the steps for withdrawing the e-challans issued in respect of the vehicle of the petitioner and re-issuing the same in respect of the offending vehicle with registration no.KL 11 BH 0725 shall be completed without delay, at any rate within a period of three months from the date of receipt of a certified copy of this judgment. sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 7548 OF 2025 4 2025:KER:27386 APPENDIX OF WP(C) 7548/2025 PETITIONER EXHIBITS Exhibit P-1 THE TRUE COPY OF THE ORIGINAL REGISTRATION CERTIFICATE Exhibit P-2 THE TRUE COPY OF THE ONLINE PRINT OUT OF THE CHALLAN HAVING CHELLAN NO KL125009220827105433 DATED 27.08.2022 Exhibit P-3 THE TRUE COPY OF E-CHALLAN HAVING CHALLAN NO KL4123998230807095703 DATED 21.06.2023 Exhibit P-4 THE TRUE COPY OF E-CHELLAN DATED 03.07.2023 HAVING CHELLAN NO. KL4123998230906091170 Exhibit P-5 THE TRUE COPY OF E-CHELLAN DATED 22.07.2023 HAVING CHELLAN NO. KL4123998230922082111 Exhibit P-7 THE TRUE COPY OF E-CHELLAN DATED 16.08.2023 HAVING CHELLAN NO. KL4123998231003075380 Exhibit P-6 THE TRUE COPY OF E-CHELLAN DATED 15.08.2023 HAVING CHELLAN NO. KL4123998231002054149 Exhibit P-8 THE TRUE COPY OF E-CHELLAN DATED 21.08.2023 HAVING CHELLAN NO. KL4123998231007092248 Exhibit P-9 THE TRUE COPY OF E-CHELLAN DATED 25.10.2023 HAVING CHELLAN NO. KL4123998231117033132 Exhibit P-10 THE TRUE COPY OF E-CHELLAN DATED 01.01.2024 HAVING CHELLAN NO. KL4123998240123091359 Exhibit P-11 THE TRUE COPY OF E-CHELLAN DATED 16.01.2024 HAVING CHELLAN NO. KL4123998240123045055 Exhibit P-12 THE TRUE COPY OF E-CHELLAN DATED 20.01.2024 HAVING CHELLAN NO. KL4123998240126073719 Exhibit P-13 THE TRUE COPY OF E-CHELLAN DATED 28.01.2024 HAVING CHELLAN NO. KL4123998240212125254 Exhibit P-14 THE TRUE COPY OF E-CHELLAN DATED 30.01.2024 HAVING CHELLAN NO. KL412399824012095990 WP(C) NO. 7548 OF 2025 5 2025:KER:27386 Exhibit P-15 THE TRUE COPY OF E-CHELLAN DATED 30.01.2024 HAVING CHELLAN NO. KL412399824021200199 Exhibit P-16 THE TRUE COPY OF E-CHELLAN DATED 08.02.2024 HAVING CHELLAN NO. KL4123998240223090148 Exhibit P-17 THE TRUE COPY OF E-CHELLAN DATED 13.02.2024 HAVING CHELLAN NO. KL99899240213142048 Exhibit P-18 THE TRUE COPY OF E-CHELLAN DATED 16.02.2024 HAVING CHELLAN NO. KL99899240216131732 Exhibit P-19 THE TRUE COPY OF E-CHELLAN DATED 17.07.2024 HAVING CHELLAN NO. KL4123998240721111604 Exhibit P-20 THE TRUE COPY OF E-CHELLAN DATED 05.09.2024 HAVING CHELLAN NO. KL99469240905130648 Exhibit P-21 THE TRUE COPY OF E-CHELLAN DATED 10.09.2024 HAVING CHELLAN NO. KL9990124091060129 Exhibit P-22 THE TRUE COPY OF E-CHELLAN DATED 18.09.2024 HAVING CHELLAN NO. KL99901240918103639 Exhibit P-23 THE TRUE COPY OF E-CHELLAN DATED 11.10.2024 HAVING CHELLAN NO. KL99470241011175122 Exhibit P-24 THE TRUE COPY OF SCREENSHOT OF EMAIL SEND TO THE 3RD RESPONDENT DATED 07.08.2023 Exhibit P-25 THE TRUE COPY OF THE COMPLIANT GIVEN BY THE PETITIONER TO THE SHO DATED 10.08.2023, TANUR DATED 10.08.2023 Exhibit P-26 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 11.08.2023 Exhibit P-27 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 18.12.2024 Exhibit P-28 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 18.12.2024