W.P.(C).No.11024 of 2021 1 2025:KER:27555 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 11024 OF 2021 PETITIONER: P. C. PRASAD AGED 57 YEARS S/O. LATE CHAKRAPANI, PARANGAMMOOTTIL, VAIKKAM, RANNY P. O., PATHANAMTHITTA DISTRICT, (NOW RESIDING AT THAMBURU HOUSE, PALAMUKKU, PUTHOOR, KOTTARAKKARA, KARIMBINPUZHA P. O., KOLLAM DISTRICT - 691 507. BY ADVS. SREEDEVI S. V.G.SURESH(K/438/1991) ANANDHU SATHEESH(K/613/2020) DRISYA DILEEP(K/792/2020) RESPONDENTS: 1 THE STATION HOUSE OFFICER RANNI POLICE STATION, PATHANAMTHITTA DISTRICT - 689 672. 2 SUB INSPECTOR OF POLICE RANNI POLICE STATION, RANNI - 689 672. 3 JOINT REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE, RANNI - 689 674. 4 SUB REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE, RANNI - 689 674. 5 DEEPAMOL AGED 46 YEARS D/O. SANKARANKUTTY, THAMBURU HOUSE, PAVITHRESWARAM VILLAGE, KARIMBINPUZHA P. O., PALAMUKKU - PUTHOOR - 691 507. (NOW RESIDING AT - W.P.(C).No.11024 of 2021 2 2025:KER:27555 C/O. INDU SUNIKUMAR, KOLLANTAZHIKATHUKADAYIL, KARIMINPUZHA P.O., PUTHOOR, KOLLAM DISTRICT - 691507) BY ADV B.MOHANLAL OTHER PRESENT: GP- RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.11024 of 2021 3 2025:KER:27555 VIJU ABRAHAM, J. -------------------- W.P.(C).No.11024 of 2021 -------------------------------- Dated this the 1st day of April, 2025 JUDGMENT The petitioner has approached this Court seeking to quash Ext.P5. 2. The petitioner and the 5th respondent are husband and wife. Petitioner is the owner of a Maruti Alto Car bearing Registration No.KL-03- T4576, but it was registered in the name of the 5th respondent. Later, differences of opinion arose between petitioner and 5th respondent and the 5th respondent stated that she is not interested in retaining her name as owner of the vehicle and handed over a request to be submitted before the 3rd respondent and an application was submitted before the 3rd respondent for change of ownership and Ext.P1 certificate of registration was issued in the name of the petitioner. Thereupon, a complaint was preferred by the 5th respondent stating that the vehicle has been transferred to the name of the W.P.(C).No.11024 of 2021 4 2025:KER:27555 petitioner without her knowledge and consent. Based on the same, Ext.P2 notice was issued, to which Ext.P3 reply was submitted by the petitioner. Thereupon, further notice dated 23.03.2021 was issued to the petitioner which is produced as Ext.P5. Later on Ext.P6 lawyer notice was also issued. It is challenging Ext.P5 that the present writ petition has been filed. 3. The specific case of the petitioner is that the 4th respondent has entered into a finding that change of name has been effected based on forged documents and such a finding was entered into without any materials to support the same and without giving a proper opportunity of hearing the petitioner. 4. The learned counsel appearing for the 5th respondent would submit that the original registration of the vehicle was in the name of the 5th respondent and to substantiate the same, respondent has produced Ext.R5(b)copy of the RC Book and submitted that the vehicle has been W.P.(C).No.11024 of 2021 5 2025:KER:27555 transferred to the name of the petitioner by using forged documents. In the said circumstance, the respondent approached the 3rd respondent RTO, who has issued Ext.P4 notice. Therefore, it is contended that no interference is warranted on Ext.P5 notice. 5. Learned Government Pleader upon instructions submitted that before issuing Ext.P5 the petitioner as well as the 5th respondent were heard. 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 2025:KER:27555 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 pm W.P.(C).No.11024 of 2021 7 2025:KER:27555 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) 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 Exhibit R5(c) 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 Exhibit R5(e) 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 COPY OF THE LAWYER NOTICE DATED 16.04.21 ON BEHALF OF THE PETITIONER. EXHIBIT P5 COPY OF NOTICE DATED 23.03.21 FROM THE 4TH RESPONDENT DIRECTING TO PRODUCE RECORDS. EXHIBIT P4 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 2025:KER:27555 BY THE PETITIONER. EXHIBIT P2 COPY OF THE NOTICE DATED 29.01.21 FROM THE 4TH RESPONDENT. EXHIBIT P1 COPY OF CERTIFICATE OF REGISTRATION IN THE NAME OF THE PETITIONER.