IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20546 OF 2022
PETITIONER:
THE MANAGER
TRUE VALUE,
INDUS MOTOR COMPANY PRIVATE LTD MUTTIL SOUTH,
VARIYAD, MEENANGADI,
WAYANADU - 673 122.
BY ADVS.
SRI. PRASAD CHANDRAN
SRI. P.R. AJITH KUMAR
RESPONDENTS:
1 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
WAYANAD (REGISTERING AUTHORITY),
CIVIL STATION, KALPETTA,
PIN - 673 121.
2 SHAFEEQUE,
S/O. EBRAHIM, KUTHINI HOUSE,
CHENNALODE P. O.,
WAYANAD DISTRICT,
PIN - 673 122.
3 NOUFAL MUNEER,
S/O. SAIDH, MANNILKUNNIL VEEDU,
MUTTIL NORTH, MEENANGADI,
WAYANAD DISTRICT,
PIN - 673 122.
SRI. JIMMY GEORGE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20546 OF 2022
2
JUDGMENT
The petitioner is an authorised service provider of Maruti vehicles in the State of Kerala. The 2 nd respondent is the registered owner of a Maruti car bearing Registration No.KL-12K-3880. The 2 nd respondent approached the petitioner to sell his car and the petitioner purchased the said car after paying its entire value. It is submitted by the petitioner that, though the records in respect of the said vehicle along with the requisite forms for transfer of registration (Exts.P2 and P3) were handed over to the petitioner, later the forms were found to be fabricated. In such circumstances, the petitioner submitted Ext.P5 application before the 1 st respondent for issuance of duplicate registration WP(C).No.20546 OF 2022 3 certificate in respect of the vehicle KL-12-K-3880. The petitioner has filed this writ petition for a direction to the 1st respondent to consider the application of the petitioner for issuance of duplicate certificate in terms of Section 55 (5) of the the Motor Vehicles Act, 1988.
2. Heard the learned counsel for the petitioner and the learned Government Pleader for the 1 st respondent. In the nature of the directions I propose to issue, notice to respondents 2 and 3 is dispensed with.
3. In the facts and circumstances of the case and the submissions made before the Court, there will be a direction to the 1st respondent to consider Ext.P5 application of the petitioner for issuance of duplicate registration certificate, in accordance with law, after hearing the petitioner and respondents 2 and 3, within a period of two months from the date of WP(C).No.20546 OF 2022 4 receipt of a copy of this judgment. It is made clear that, this Court has not expressed any opinion on the merits of Ext.P5 application pending before the 1 st respondent.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.20546 OF 2022 5 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED RESPECT OF MOTOR CAR KL-12/K- 3880.
EXHIBIT P2 TRUE COPY OF FORM NO.29 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF FORM NO.30 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF FIR IN CRIME NO.87/2020 OF MEENANGADI POLICE STATION.
EXHIBIT P5 TRUE COPY OF APPLICATION DATED 13-01-
2022 SUBMITTED BEFORE THE 1ST
RESPONDENT.
RESPONDENTS EXHIBITS: NIL.